By: Burton S.B. No. 1822
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the creation of a commission to review certain penal
  laws of this state and certain recommendations regarding those
  laws, to criminal offenses previously compiled in statutes outside
  the Penal Code, to repealing certain of those offenses, and to
  conforming punishments for certain of those offenses to the penalty
  structure provided in the Penal Code; increasing the punishment for
  sabotage and sedition; imposing a civil penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
  ARTICLE 1.  PURPOSE
         SECTION 1.01.  PURPOSE.  The purpose of this Act is to
  implement the recommendations of the commission created by Section
  29, Chapter 1251 (H.B. 1396), Acts of the 84th Legislature, Regular
  Session, 2015, and to authorize additional review of the penal laws
  described by Section 2.01(a) of this Act.
  ARTICLE 2.  COMMISSION TO STUDY CERTAIN PENAL LAWS
         SECTION 2.01.  COMMISSION TO STUDY CERTAIN PENAL LAWS.
  (a)  A commission is created to study and review all penal laws of
  this state other than criminal offenses:
               (1)  under the Penal Code;
               (2)  under Chapter 481, Health and Safety Code; or
               (3)  related to the operation of a motor vehicle.
         (b)  The commission shall:
               (1)  evaluate all laws described by Subsection (a) of
  this section;
               (2)  make recommendations to the legislature regarding
  the repeal or amendment of laws that are identified as being
  unnecessary, unclear, duplicative, overly broad, or otherwise
  insufficient to serve the intended purpose of the law, including
  the laws identified by the commission created by Section 29,
  Chapter 1251 (H.B. 1396), Acts of the 84th Legislature, Regular
  Session, 2015, as requiring additional review; and
               (3)  evaluate the recommendations made by the
  commission created by Section 29, Chapter 1251 (H.B. 1396), Acts of
  the 84th Legislature, Regular Session, 2015.
         (c)  The commission is composed of nine members appointed as
  follows:
               (1)  two members appointed by the governor;
               (2)  two members appointed by the lieutenant governor;
               (3)  two members appointed by the speaker of the house
  of representatives;
               (4)  two members appointed by the chief justice of the
  Supreme Court of Texas; and
               (5)  one member appointed by the presiding judge of the
  Texas Court of Criminal Appeals.
         (d)  The officials making appointments to the commission
  under Subsection (c) of this section shall ensure that the
  membership of the commission includes representatives of all areas
  of the criminal justice system, including prosecutors, defense
  attorneys, judges, legal scholars, and relevant business
  interests.
         (e)  The governor shall designate one member of the
  commission to serve as the presiding officer of the commission.
         (f)  A member of the commission is not entitled to
  compensation or reimbursement of expenses.
         (g)  The commission shall meet at the call of the presiding
  officer.
         (h)  Not later than November 1, 2018, the commission shall
  report the commission's findings and recommendations to the
  governor, the lieutenant governor, the speaker of the house of
  representatives, the Supreme Court of Texas, the Texas Court of
  Criminal Appeals, and the standing committees of the house of
  representatives and the senate with primary jurisdiction over
  criminal justice. The commission shall include in its
  recommendations any specific statutes that the commission
  recommends repealing or amending.
         SECTION 2.02.  APPOINTMENT OF MEMBERS.  Not later than the
  60th day after the effective date of this Act, the governor, the
  lieutenant governor, the speaker of the house of representatives,
  the chief justice of the Supreme Court of Texas, and the presiding
  judge of the Texas Court of Criminal Appeals shall appoint the
  members of the commission created under this article.
         SECTION 2.03.  ABOLITION OF COMMISSION. The commission is
  abolished and this article expires December 31, 2018.
  ARTICLE 3.  MISCELLANEOUS AMENDMENTS RELATING TO CRIMINAL OFFENSES
         SECTION 3.01.  Section 17.46(b), Business & Commerce Code,
  as amended by Chapters 1023 (H.B. 1265) and 1080 (H.B. 2573), Acts
  of the 84th Legislature, Regular Session, 2015, is reenacted and
  amended to read as follows:
         (b)  Except as provided in Subsection (d) of this section,
  the term "false, misleading, or deceptive acts or practices"
  includes, but is not limited to, the following acts:
               (1)  passing off goods or services as those of another;
               (2)  causing confusion or misunderstanding as to the
  source, sponsorship, approval, or certification of goods or
  services;
               (3)  causing confusion or misunderstanding as to
  affiliation, connection, or association with, or certification by,
  another;
               (4)  using deceptive representations or designations
  of geographic origin in connection with goods or services;
               (5)  representing that goods or services have
  sponsorship, approval, characteristics, ingredients, uses,
  benefits, or quantities which they do not have or that a person has
  a sponsorship, approval, status, affiliation, or connection which
  the person does not;
               (6)  representing that goods are original or new if
  they are deteriorated, reconditioned, reclaimed, used, or
  secondhand;
               (7)  representing that goods or services are of a
  particular standard, quality, or grade, or that goods are of a
  particular style or model, if they are of another;
               (8)  disparaging the goods, services, or business of
  another by false or misleading representation of facts;
               (9)  advertising goods or services with intent not to
  sell them as advertised;
               (10)  advertising goods or services with intent not to
  supply a reasonable expectable public demand, unless the
  advertisements disclosed a limitation of quantity;
               (11)  making false or misleading statements of fact
  concerning the reasons for, existence of, or amount of price
  reductions;
               (12)  representing that an agreement confers or
  involves rights, remedies, or obligations which it does not have or
  involve, or which are prohibited by law;
               (13)  knowingly making false or misleading statements
  of fact concerning the need for parts, replacement, or repair
  service;
               (14)  misrepresenting the authority of a salesman,
  representative or agent to negotiate the final terms of a consumer
  transaction;
               (15)  basing a charge for the repair of any item in
  whole or in part on a guaranty or warranty instead of on the value of
  the actual repairs made or work to be performed on the item without
  stating separately the charges for the work and the charge for the
  warranty or guaranty, if any;
               (16)  disconnecting, turning back, or resetting the
  odometer of any motor vehicle so as to reduce the number of miles
  indicated on the odometer gauge;
               (17)  advertising of any sale by fraudulently
  representing that a person is going out of business;
               (18)  advertising, selling, or distributing a card
  which purports to be a prescription drug identification card issued
  under Section 4151.152, Insurance Code, in accordance with rules
  adopted by the commissioner of insurance, which offers a discount
  on the purchase of health care goods or services from a third party
  provider, and which is not evidence of insurance coverage, unless:
                     (A)  the discount is authorized under an agreement
  between the seller of the card and the provider of those goods and
  services or the discount or card is offered to members of the
  seller;
                     (B)  the seller does not represent that the card
  provides insurance coverage of any kind; and
                     (C)  the discount is not false, misleading, or
  deceptive;
               (19)  using or employing a chain referral sales plan in
  connection with the sale or offer to sell of goods, merchandise, or
  anything of value, which uses the sales technique, plan,
  arrangement, or agreement in which the buyer or prospective buyer
  is offered the opportunity to purchase merchandise or goods and in
  connection with the purchase receives the seller's promise or
  representation that the buyer shall have the right to receive
  compensation or consideration in any form for furnishing to the
  seller the names of other prospective buyers if receipt of the
  compensation or consideration is contingent upon the occurrence of
  an event subsequent to the time the buyer purchases the merchandise
  or goods;
               (20)  representing that a guaranty or warranty confers
  or involves rights or remedies which it does not have or involve,
  provided, however, that nothing in this subchapter shall be
  construed to expand the implied warranty of merchantability as
  defined in Sections 2.314 through 2.318 and Sections 2A.212 through
  2A.216 to involve obligations in excess of those which are
  appropriate to the goods;
               (21)  promoting a pyramid promotional scheme, as
  defined by Section 32.55, Penal Code [Section 17.461];
               (22)  representing that work or services have been
  performed on, or parts replaced in, goods when the work or services
  were not performed or the parts replaced;
               (23)  filing suit founded upon a written contractual
  obligation of and signed by the defendant to pay money arising out
  of or based on a consumer transaction for goods, services, loans, or
  extensions of credit intended primarily for personal, family,
  household, or agricultural use in any county other than in the
  county in which the defendant resides at the time of the
  commencement of the action or in the county in which the defendant
  in fact signed the contract; provided, however, that a violation of
  this subsection shall not occur where it is shown by the person
  filing such suit that the person neither knew or had reason to know
  that the county in which such suit was filed was neither the county
  in which the defendant resides at the commencement of the suit nor
  the county in which the defendant in fact signed the contract;
               (24)  failing to disclose information concerning goods
  or services which was known at the time of the transaction if such
  failure to disclose such information was intended to induce the
  consumer into a transaction into which the consumer would not have
  entered had the information been disclosed;
               (25)  using the term "corporation," "incorporated," or
  an abbreviation of either of those terms in the name of a business
  entity that is not incorporated under the laws of this state or
  another jurisdiction;
               (26)  selling, offering to sell, or illegally promoting
  an annuity contract under Chapter 22, Acts of the 57th Legislature,
  3rd Called Session, 1962 (Article 6228a-5, Vernon's Texas Civil
  Statutes), with the intent that the annuity contract will be the
  subject of a salary reduction agreement, as defined by that Act, if
  the annuity contract is not an eligible qualified investment under
  that Act or is not registered with the Teacher Retirement System of
  Texas as required by Section 8A of that Act;
               (27)  taking advantage of a disaster declared by the
  governor under Chapter 418, Government Code, by:
                     (A)  selling or leasing fuel, food, medicine, or
  another necessity at an exorbitant or excessive price; or
                     (B)  demanding an exorbitant or excessive price in
  connection with the sale or lease of fuel, food, medicine, or
  another necessity;
               (28)  using the translation into a foreign language of
  a title or other word, including "attorney," "lawyer," "licensed,"
  "notary," and "notary public," in any written or electronic
  material, including an advertisement, a business card, a
  letterhead, stationery, a website, or an online video, in reference
  to a person who is not an attorney in order to imply that the person
  is authorized to practice law in the United States;
               (29) [(28)]  delivering or distributing a solicitation
  in connection with a good or service that:
                     (A)  represents that the solicitation is sent on
  behalf of a governmental entity when it is not; or
                     (B)  resembles a governmental notice or form that
  represents or implies that a criminal penalty may be imposed if the
  recipient does not remit payment for the good or service;
               (30) [(29)]  delivering or distributing a solicitation
  in connection with a good or service that resembles a check or other
  negotiable instrument or invoice, unless the portion of the
  solicitation that resembles a check or other negotiable instrument
  or invoice includes the following notice, clearly and conspicuously
  printed in at least 18-point type:
         "SPECIMEN-NON-NEGOTIABLE";
               (31) [(30)]  in the production, sale, distribution, or
  promotion of a synthetic substance that produces and is intended to
  produce an effect when consumed or ingested similar to, or in excess
  of, the effect of a controlled substance or controlled substance
  analogue, as those terms are defined by Section 481.002, Health and
  Safety Code:
                     (A)  making a deceptive representation or
  designation about the synthetic substance; or
                     (B)  causing confusion or misunderstanding as to
  the effects the synthetic substance causes when consumed or
  ingested; or
               (32) [(31)]  a licensed public insurance adjuster
  directly or indirectly soliciting employment, as defined by Section
  38.01, Penal Code, for an attorney, or a licensed public insurance
  adjuster entering into a contract with an insured for the primary
  purpose of referring the insured to an attorney without the intent
  to actually perform the services customarily provided by a licensed
  public insurance adjuster, provided that this subdivision may not
  be construed to prohibit a licensed public insurance adjuster from
  recommending a particular attorney to an insured.
         SECTION 3.02.  Section 17.461, Business & Commerce Code, is
  transferred to Subchapter D, Chapter 32, Penal Code, and
  redesignated as Section 32.55, Penal Code, to read as follows:
         Sec. 32.55 [17.461].  PYRAMID PROMOTIONAL SCHEME. (a)  In
  this section:
               (1)  "Compensation" means payment of money, a financial
  benefit, or another thing of value. The term does not include
  payment based on sale of a product to a person, including a
  participant, who purchases the product for actual use or
  consumption.
               (2)  "Consideration" means the payment of cash or the
  purchase of a product. The term does not include:
                     (A)  a purchase of a product furnished at cost to
  be used in making a sale and not for resale;
                     (B)  a purchase of a product subject to a
  repurchase agreement that complies with Subsection (b); or
                     (C)  time and effort spent in pursuit of a sale or
  in a recruiting activity.
               (3)  "Participate" means to contribute money into a
  pyramid promotional scheme without promoting, organizing, or
  operating the scheme.
               (4)  "Product" means a good, a service, or intangible
  property of any kind.
               (5)  "Promoting a pyramid promotional scheme" means:
                     (A)  inducing or attempting to induce one or more
  other persons to participate in a pyramid promotional scheme; or
                     (B)  assisting another person in inducing or
  attempting to induce one or more other persons to participate in a
  pyramid promotional scheme, including by providing references.
               (6)  "Pyramid promotional scheme" means a plan or
  operation by which a person gives consideration for the opportunity
  to receive compensation that is derived primarily from a person's
  introduction of other persons to participate in the plan or
  operation rather than from the sale of a product by a person
  introduced into the plan or operation.
         (b)  To qualify as a repurchase agreement for the purposes of
  Subsection (a)(2)(B), an agreement must be an enforceable agreement
  by the seller to repurchase, on written request of the purchaser and
  not later than the first anniversary of the purchaser's date of
  purchase, all unencumbered products that are in an unused,
  commercially resalable condition at a price not less than 90
  percent of the amount actually paid by the purchaser for the
  products being returned, less any consideration received by the
  purchaser for purchase of the products being returned. A product
  that is no longer marketed by the seller is considered resalable if
  the product is otherwise in an unused, commercially resalable
  condition and is returned to the seller not later than the first
  anniversary of the purchaser's date of purchase, except that the
  product is not considered resalable if before the purchaser
  purchased the product it was clearly disclosed to the purchaser
  that the product was sold as a nonreturnable, discontinued,
  seasonal, or special promotion item.
         (c)  A person commits an offense if the person contrives,
  prepares, establishes, operates, advertises, sells, or promotes a
  pyramid promotional scheme. An offense under this subsection is a
  state jail felony.
         (d)  It is not a defense to prosecution for an offense under
  this section that the pyramid promotional scheme involved both a
  franchise to sell a product and the authority to sell additional
  franchises if the emphasis of the scheme is on the sale of
  additional franchises.
         SECTION 3.03.  Sections 522.001 and 522.002, Business &
  Commerce Code, are transferred to Subchapter D, Chapter 32, Penal
  Code, redesignated as Section 32.511, Penal Code, and amended to
  read as follows:
         Sec. 32.511 [522.001].  IDENTITY THEFT BY ELECTRONIC DEVICE
  [DEFINITIONS]. (a)  In this section [chapter]:
               (1)  "Payment card" means a credit card, debit card,
  check card, or other card that is issued to an authorized user to
  purchase or obtain goods, services, money, or any other thing of
  value.
               (2)  "Re-encoder" means an electronic device that can
  be used to transfer encoded information from a magnetic strip on a
  payment card onto the magnetic strip of a different payment card.
               (3)  "Scanning device" means an electronic device used
  to access, read, scan, or store information encoded on the magnetic
  strip of a payment card.
         (b)  [Sec. 522.002.  OFFENSE; PENALTY. (a)]  A person
  commits an offense if the person uses a scanning device or
  re-encoder to access, read, scan, store, or transfer information
  encoded on the magnetic strip of a payment card without the consent
  of an authorized user of the payment card and with intent to harm or
  defraud another.
         (c) [(b)]  An offense under this section is a Class B
  misdemeanor, except that the offense is a state jail felony if the
  information accessed, read, scanned, stored, or transferred was
  protected health information as defined by the Health Insurance
  Portability and Accountability Act and Privacy Standards, as
  defined by Section 181.001, Health and Safety Code.
         (d) [(c)]  If conduct that constitutes an offense under this
  section also constitutes an offense under any other law, the actor
  may be prosecuted under this section or the other law.
         SECTION 3.04.  Article 18.18(g), Code of Criminal Procedure,
  is amended to read as follows:
         (g)  For purposes of this article:
               (1)  "criminal instrument" has the meaning defined in
  the Penal Code;
               (2)  "gambling device or equipment, altered gambling
  equipment or gambling paraphernalia" has the meaning defined in the
  Penal Code;
               (3)  "prohibited weapon" has the meaning defined in the
  Penal Code;
               (4)  "dog-fighting equipment" means:
                     (A)  equipment used for training or handling a
  fighting dog, including a harness, treadmill, cage, decoy, pen,
  house for keeping a fighting dog, feeding apparatus, or training
  pen;
                     (B)  equipment used for transporting a fighting
  dog, including any automobile, or other vehicle, and its
  appurtenances which are intended to be used as a vehicle for
  transporting a fighting dog;
                     (C)  equipment used to promote or advertise an
  exhibition of dog fighting, including a printing press or similar
  equipment, paper, ink, or photography equipment; or
                     (D)  a dog trained, being trained, or intended to
  be used to fight with another dog;
               (5)  "obscene device" and "obscene" have the meanings
  assigned by Section 43.21, Penal Code;
               (6)  "re-encoder" has the meaning assigned by Section
  32.511, Penal [522.001, Business & Commerce] Code;
               (7)  "scanning device" has the meaning assigned by
  Section 32.511, Penal [522.001, Business & Commerce] Code; and
               (8)  "obscene material" and "child pornography"
  include digital images and the media and equipment on which those
  images are stored.
         SECTION 3.05.  Article 59.01(2), Code of Criminal Procedure,
  is amended to read as follows:
               (2)  "Contraband" means property of any nature,
  including real, personal, tangible, or intangible, that is:
                     (A)  used in the commission of:
                           (i)  any first or second degree felony under
  the Penal Code;
                           (ii)  any felony under Section 15.031(b),
  20.05, 20.06, 21.11, 38.04, or Chapter 43, 20A, 29, 30, 31, 32, 33,
  33A, or 35, Penal Code;
                           (iii)  any felony under The Securities Act
  (Article 581-1 et seq., Vernon's Texas Civil Statutes); or
                           (iv)  any offense under Chapter 49, Penal
  Code, that is punishable as a felony of the third degree or state
  jail felony, if the defendant has been previously convicted three
  times of an offense under that chapter;
                     (B)  used or intended to be used in the commission
  of:
                           (i)  any felony under Chapter 481, Health
  and Safety Code (Texas Controlled Substances Act);
                           (ii)  any felony under Chapter 483, Health
  and Safety Code;
                           (iii)  a felony under Chapter 151, Finance
  Code;
                           (iv)  any felony under Chapter 34, Penal
  Code;
                           (v)  a Class A misdemeanor under Subchapter
  B, Chapter 365, Health and Safety Code, if the defendant has been
  previously convicted twice of an offense under that subchapter;
                           (vi)  any felony under Chapter 32, Human
  Resources Code, or Chapter 31, 32, 35A, or 37, Penal Code, that
  involves the state Medicaid program;
                           (vii)  a Class B misdemeanor under Section
  32.511, Penal [Chapter 522, Business & Commerce] Code;
                           (viii)  a Class A misdemeanor under Section
  306.051, Business & Commerce Code;
                           (ix)  any offense under Section 42.10, Penal
  Code;
                           (x)  any offense under Section 46.06(a)(1)
  or 46.14, Penal Code;
                           (xi)  any offense under Chapter 71, Penal
  Code;
                           (xii)  any offense under Section 20.05 or
  20.06, Penal Code; or
                           (xiii)  an offense under Section 326.002,
  Business & Commerce Code;
                     (C)  the proceeds gained from the commission of a
  felony listed in Paragraph (A) or (B) of this subdivision, a
  misdemeanor listed in Paragraph (B)(vii), (ix), (x), or (xi) of
  this subdivision, or a crime of violence;
                     (D)  acquired with proceeds gained from the
  commission of a felony listed in Paragraph (A) or (B) of this
  subdivision, a misdemeanor listed in Paragraph (B)(vii), (ix), (x),
  or (xi) of this subdivision, or a crime of violence;
                     (E)  used to facilitate or intended to be used to
  facilitate the commission of a felony under Section 15.031 or
  43.25, Penal Code; or
                     (F)  used to facilitate or intended to be used to
  facilitate the commission of a felony under Section 20A.02 or
  Chapter 43, Penal Code.
         SECTION 3.06.  Sections 557.001 and 557.011, Government
  Code, are transferred to Chapter 40, Penal Code, as added by this
  Act, redesignated as Sections 40.01 and 40.02, Penal Code,
  respectively, and amended to read as follows:
         Sec. 40.01 [557.001].  SEDITION. (a)  A person commits an
  offense if the person knowingly:
               (1)  commits, attempts to commit, or conspires with one
  or more persons to commit an act intended to overthrow, destroy, or
  alter the constitutional form of government of this state or of any
  political subdivision of this state by force or violence;
               (2)  under circumstances that constitute a clear and
  present danger to the security of this state or a political
  subdivision of this state, advocates, advises, or teaches or
  conspires with one or more persons to advocate, advise, or teach a
  person to commit or attempt to commit an act described in
  Subdivision (1); or
               (3)  participates, with knowledge of the nature of the
  organization, in the management of an organization that engages in
  or attempts to engage in an act intended to overthrow, destroy, or
  alter the constitutional form of government of this state or of any
  political subdivision of this state by force or violence.
         (b)  An offense under this section is a felony of the second
  degree [punishable by:
               [(1)  a fine not to exceed $20,000;
               [(2)     confinement in the Texas Department of Criminal
  Justice for a term of not less than one year or more than 20 years;
  or
               [(3)  both fine and imprisonment].
         (c)  A person convicted of an offense under this section may
  not receive community supervision under Chapter 42A, Code of
  Criminal Procedure.
         Sec. 40.02 [557.011].  SABOTAGE. (a)  A person commits an
  offense if the person, with the intent to injure the United States,
  this state, or any facility or property used for national defense
  sabotages or attempts to sabotage any property or facility used or
  to be used for national defense.
         (b)  An offense under this section is a felony of the second
  degree [punishable by confinement in the Texas Department of
  Criminal Justice for a term of not less than two years or more than
  20 years].
         (c)  If conduct constituting an offense under this section
  also constitutes an offense under another provision of law, the
  actor may be prosecuted under both sections.
         (d)  In this section, "sabotage" means to wilfully and
  maliciously damage or destroy property.
         SECTION 3.07.  Section 557.002, Government Code, is amended
  to read as follows:
         Sec. 557.002.  DISQUALIFICATION. A person who is finally
  convicted of an offense under Section 40.01, Penal Code, [557.001]
  may not hold office or a position of profit, trust, or employment
  with the state or any political subdivision of the state.
         SECTION 3.08.  Section 3101.010(b), Government Code, is
  amended to read as follows:
         (b)  An offense under this section is a misdemeanor and on
  conviction is punishable by[:
               [(1)]  a fine of not less than $5 or more than $300[;
               [(2)     confinement in the county jail for a term not to
  exceed three months; or
               [(3)  both a fine and confinement].
         SECTION 3.09.  Section 615.002(e), Local Government Code, is
  amended to read as follows:
         (e)  A person commits an offense if the person violates a
  parking rule adopted under this section. An offense under this
  subsection is a Class C misdemeanor [punishable by a fine of not
  less than $1 nor more than $20].
         SECTION 3.10.  Section 11.074(b), Natural Resources Code, is
  amended to read as follows:
         (b)  Any owner of stock or a [his] manager, agent, employee,
  or servant of the owner who fences, uses, occupies, or appropriates
  by herding or line-riding any portion of the land covered by
  Subsection (a) [of this section] without a lease for the land
  commits an offense.  An offense under this section is a Class C
  misdemeanor[, on conviction, shall be fined not less than $100 nor
  more than $1,000 and confined in the county jail for not less than
  three months nor more than two years]. Each day for which a
  violation continues constitutes a separate offense.
         SECTION 3.11.  Section 88.134(b), Natural Resources Code, is
  amended to read as follows:
         (b)  A person who violates any [other] provision of this
  chapter other than those covered by Subsection (a), a person who
  fails to comply with any of the other terms of this chapter, a
  person who fails to comply with the terms of a rule or order adopted
  by the governmental agency under the terms of this chapter, or a
  person who violates any of the rules or orders of the governmental
  agency adopted under the provisions of this chapter commits an
  offense.  An offense under this subsection is a felony of the third
  degree [on conviction is considered guilty of a felony and on
  conviction shall be punished by imprisonment in the Texas
  Department of Criminal Justice for a term of not less than two nor
  more than four years].
         SECTION 3.12.  Section 114.102(b), Natural Resources Code,
  is amended to read as follows:
         (b)  An offense under this section is a Class A misdemeanor
  [felony of the third degree].
         SECTION 3.13.  Section 264.151(a), Occupations Code, is
  amended to read as follows:
         (a)  A person commits an offense if the person violates
  Section 256.001. An offense under this subsection is a felony of
  the third degree. [Each day of a violation is a separate offense.]
         SECTION 3.14.  Section 266.303, Occupations Code, is amended
  by amending Subsection (b) and adding Subsection (b-1) to read as
  follows:
         (b)  An offense for a violation of Section 266.151 is a Class
  A misdemeanor, except that the offense is a felony of the third
  degree if it is shown on the trial of the offense that the defendant
  has previously been convicted of an offense for a violation of
  Section 266.151.
         (b-1)  An offense for a violation of [or] Section 266.301(b)
  is a Class A misdemeanor, except that the offense is a felony of the
  third degree if it is shown on the trial of the offense that the
  defendant has previously been convicted of an offense for a
  violation of Section 266.301(b).
         SECTION 3.15.  Section 1701.553(b), Occupations Code, is
  amended to read as follows:
         (b)  An offense under Subsection (a) is a Class A misdemeanor
  [state jail felony].
         SECTION 3.16.  Subchapter E, Chapter 1802, Occupations Code,
  is amended by adding Section 1802.2025 to read as follows:
         Sec. 1802.2025.  FRIVOLOUS CLAIMS; CIVIL PENALTY. (a)  A
  person may not, for personal benefit or to harm another:
               (1)  institute a claim under this chapter in which the
  person knows the person has no interest; or
               (2)  institute a frivolous suit or claim that the
  person knows is false.
         (b)  A person who violates Subsection (a) is subject to a
  civil penalty under Section 51.352.
         SECTION 3.17.  Section 2155.002(d), Occupations Code, is
  amended to read as follows:
         (d)  An offense under Subsection (a) or (c) is a misdemeanor
  punishable by[:
               [(1)]  a fine of not less than $25 or more than $100[;
               [(2)     confinement in jail for a term not to exceed 30
  days; or
               [(3)  both a fine and confinement].
         SECTION 3.18.  Section 2156.006, Occupations Code, is
  amended to read as follows:
         Sec. 2156.006.  FORFEITURE OF LEASE. A theater's lessee or a
  lessee's assigns forfeit the lease and any rights and privileges
  under the lease if the person[:
               [(1)]  does not comply with the law governing
  theaters[; or
               [(2)     is convicted of an offense under Section
  2156.005].
         SECTION 3.19.  Section 32.153(a), Parks and Wildlife Code,
  is amended to read as follows:
         (a)  A person commits an offense if the person violates:
               (1)  Section 32.051;
               (2)  [Section 32.053(b);
               [(3)]  Section 32.056;
               (3) [(4)  Section 32.057(d);
               [(5)]  Section 32.101;
               (4) [(6)]  Section 32.104;
               (5) [(7)]  Section 32.105;
               (6) [(8)]  Section 32.106;
               (7) [(9)]  Section 32.107; or
               (8) [(10)]  Section 32.108.
         SECTION 3.20.  Section 62.013, Parks and Wildlife Code, is
  amended to read as follows:
         Sec. 62.013.  PENALTIES. (a)  Except as provided by
  Subsections (b), (b-1), and (c) of this section, a person who
  violates a provision of this subchapter commits an offense that is a
  Class C Parks and Wildlife Code misdemeanor.
         (b)  A person who violates Section 62.003, 62.004, [62.005,]
  62.0065, 62.011(c), or 350.001 or a rule adopted under Section
  62.0065 commits an offense that is a Class A Parks and Wildlife Code
  misdemeanor, unless it is shown at the trial of the defendant for a
  violation of that section or rule, as appropriate, that the
  defendant has been convicted one or more times before the trial date
  of a violation of that section or rule, as appropriate, in which
  case the offense is a Parks and Wildlife Code state jail felony.
         (b-1)  A person who violates Section 62.005 commits an
  offense that is a:
               (1)  Class C Parks and Wildlife Code misdemeanor if the
  person commits the offense recklessly;
               (2)  Class A Parks and Wildlife Code misdemeanor if the
  person intentionally or knowingly commits the offense; or
               (3)  Parks and Wildlife Code state jail felony if it is
  shown at the trial of the defendant for a violation of that section
  that the defendant has been convicted one or more times before the
  trial date of a violation of that section.
         (c)  In addition to the punishments provided in Subsections
  (a), [and] (b), and (b-1), a person who violates Section 62.003,
  62.004, 62.005, 62.0065, 62.011(c), or 350.001 or a rule adopted
  under Section 62.0065 is punishable by the revocation or suspension
  under Section 12.5015 of hunting and fishing licenses and permits.
         SECTION 3.21.  Section 76.040, Parks and Wildlife Code, is
  amended by amending Subsection (b) and adding Subsection (b-1) to
  read as follows:
         (b)  A person who violates Section 76.037 [or Section 76.038
  of this code] commits an offense that is a Class B Parks and
  Wildlife Code misdemeanor.
         (b-1)  A person who violates Section 76.038 commits an
  offense that is a:
               (1)  Class C Parks and Wildlife Code misdemeanor if the
  person commits the offense recklessly; or
               (2)  Class B Parks and Wildlife Code misdemeanor if the
  person intentionally or knowingly commits the offense.
         SECTION 3.22.  Section 76.118, Parks and Wildlife Code, is
  amended by amending Subsections (a), (b), and (c) and adding
  Subsection (a-1) to read as follows:
         (a)  Except as provided in Subsections (a-1), (b), and (c) of
  this section, a person who violates a provision of this subchapter
  or a regulation of the commission issued under this subchapter
  commits an offense that is a Class C Parks and Wildlife Code
  misdemeanor.
         (a-1)  A person who violates Section 76.101 or 76.109 or a
  regulation of the commission issued under one of those sections
  commits an offense that is a:
               (1)  Class C Parks and Wildlife Code misdemeanor if the
  person commits the offense recklessly; or
               (2)  Class B Parks and Wildlife Code misdemeanor if the
  person intentionally or knowingly commits the offense.
         (b)  A person who violates Section [76.101,] 76.107[, or
  76.109] or a regulation of the commission issued under that section
  [one of those sections] commits an offense that is a Class B Parks
  and Wildlife Code misdemeanor.
         (c)  A person who violates Section 76.116, or at the same
  time violates Sections 76.109 and 76.116, commits an offense that
  is a:
               (1)  Class B Parks and Wildlife Code misdemeanor if the
  person commits the offense recklessly; or
               (2)  Class A Parks and Wildlife Code misdemeanor if the
  person intentionally or knowingly commits the offense.
         SECTION 3.23.  Section 77.061(b), Parks and Wildlife Code,
  is amended to read as follows:
         (b)  Notwithstanding the provisions of Subchapter E, Chapter
  12, of this code, a person who violates Subdivision (1) of
  Subsection (a) of this section or Section 77.024 of this code
  commits an offense that is a:
               (1)  Class C Parks and Wildlife Code misdemeanor if the
  person commits the offense recklessly; or
               (2)  Class B Parks and Wildlife Code misdemeanor if the
  person intentionally or knowingly commits the offense [and on
  conviction is punishable by a fine of not less than $2,500 nor more
  than $5,000, by confinement in the county jail for not less than six
  months nor more than one year, or by both].
         SECTION 3.24.  Section 19.03(a), Penal Code, is amended to
  read as follows:
         (a)  A person commits an offense if the person commits murder
  as defined under Section 19.02(b)(1) and:
               (1)  the person murders a peace officer or fireman who
  is acting in the lawful discharge of an official duty and who the
  person knows is a peace officer or fireman;
               (2)  the person intentionally commits the murder in the
  course of committing or attempting to commit kidnapping, burglary,
  robbery, aggravated sexual assault, arson, obstruction or
  retaliation, sabotage, or terroristic threat under Section
  22.07(a)(1), (3), (4), (5), or (6);
               (3)  the person commits the murder for remuneration or
  the promise of remuneration or employs another to commit the murder
  for remuneration or the promise of remuneration;
               (4)  the person commits the murder while escaping or
  attempting to escape from a penal institution;
               (5)  the person, while incarcerated in a penal
  institution, murders another:
                     (A)  who is employed in the operation of the penal
  institution; or
                     (B)  with the intent to establish, maintain, or
  participate in a combination or in the profits of a combination;
               (6)  the person:
                     (A)  while incarcerated for an offense under this
  section or Section 19.02, murders another; or
                     (B)  while serving a sentence of life imprisonment
  or a term of 99 years for an offense under Section 20.04, 22.021, or
  29.03, murders another;
               (7)  the person murders more than one person:
                     (A)  during the same criminal transaction; or
                     (B)  during different criminal transactions but
  the murders are committed pursuant to the same scheme or course of
  conduct;
               (8)  the person murders an individual under 10 years of
  age; or
               (9)  the person murders another person in retaliation
  for or on account of the service or status of the other person as a
  judge or justice of the supreme court, the court of criminal
  appeals, a court of appeals, a district court, a criminal district
  court, a constitutional county court, a statutory county court, a
  justice court, or a municipal court.
         SECTION 3.25.  Section 37.10(c)(2), Penal Code, is amended
  to read as follows:
               (2)  An offense under this section is a felony of the
  third degree if it is shown on the trial of the offense that the
  governmental record was:
                     (A)  a public school record, report, or assessment
  instrument required under Chapter 39, Education Code, a public
  school record, form, report, or budget required under Chapter 42,
  Education Code, or a rule adopted under that chapter, data reported
  for a school district or open-enrollment charter school to the
  Texas Education Agency through the Public Education Information
  Management System (PEIMS) described by Section 42.006, Education
  Code, under a law or rule requiring that reporting, or a license,
  certificate, permit, seal, title, letter of patent, or similar
  document issued by government, by another state, or by the United
  States, unless the actor's intent is to defraud or harm another, in
  which event the offense is a felony of the second degree;
                     (B)  a written report of a medical, chemical,
  toxicological, ballistic, or other expert examination or test
  performed on physical evidence for the purpose of determining the
  connection or relevance of the evidence to a criminal action;
                     (C)  a written report of the certification,
  inspection, or maintenance record of an instrument, apparatus,
  implement, machine, or other similar device used in the course of an
  examination or test performed on physical evidence for the purpose
  of determining the connection or relevance of the evidence to a
  criminal action; or
                     (D)  a search warrant issued by a magistrate.
         SECTION 3.26.  Title 8, Penal Code, is amended by adding
  Chapter 40, and a heading is added to that chapter to read as
  follows:
  CHAPTER 40.  SEDITION AND SABOTAGE
         SECTION 3.27.  Section 154.517, Tax Code, is amended to read
  as follows:
         Sec. 154.517.  FELONY OR MISDEMEANOR. (a)  An offense under
  Section [Sections] 154.511, 154.512, 154.514, 154.515, or
  [through] 154.516 is a felony of the third degree.
         (b)  An offense under Section 154.513 is a Class A
  misdemeanor unless it is shown on the trial of the offense that the
  person has been previously convicted of an offense under that
  section, in which event the offense is a felony of the third degree.
         SECTION 3.28.  Section 155.208, Tax Code, is amended to read
  as follows:
         Sec. 155.208.  MISDEMEANOR. (a)  An offense under Section
  155.202, 155.204, 155.205, 155.206, or 155.207 [Sections
  155.202-155.207] is a Class A misdemeanor.
         (b)  An offense under Section 155.203 is a Class C
  misdemeanor unless it is shown on the trial of the offense that the
  person has been previously convicted of an offense under that
  section, in which event the offense is a Class A misdemeanor.
         SECTION 3.29.  Section 155.213, Tax Code, is amended to read
  as follows:
         Sec. 155.213.  FELONY OR MISDEMEANOR. (a)  An offense under
  Section 155.210 or 155.212 [Sections 155.209-155.212] is a felony
  of the third degree.
         (b)  An offense under Section 155.209 is a Class A
  misdemeanor unless it is shown on the trial of the offense that the
  person has been previously convicted of an offense under that
  section, in which event the offense is a felony of the third degree.
         (c)  An offense under Section 155.211 is a Class A
  misdemeanor unless it is shown on the trial of the offense that the
  person has been previously convicted of an offense under that
  section, in which event the offense is a felony of the third degree.
         SECTION 3.30.  Section 15.030(c), Utilities Code, is amended
  to read as follows:
         (c)  An offense under this section is a Class A misdemeanor
  [felony of the third degree].
         SECTION 3.31.  Section 105.024(b), Utilities Code, is
  amended to read as follows:
         (b)  An offense under this section is a Class A misdemeanor
  [felony of the third degree].
         SECTION 3.32.  The following laws are repealed:
               (1)  Section 101.64, Alcoholic Beverage Code;
               (2)  Sections 17.22, 17.30, 17.31, and 204.005,
  Business & Commerce Code;
               (3)  Chapter 504, Business & Commerce Code;
               (4)  the heading to Chapter 522, Business & Commerce
  Code;
               (5)  Section 44.051, Education Code;
               (6)  Sections 59.002, 89.101, 119.202, 122.251, and
  199.001, Finance Code;
               (7)  the heading to Subchapter B, Chapter 557,
  Government Code;
               (8)  Sections 557.012 and 557.013, Government Code;
               (9)  Sections 52.021 and 52.022, Labor Code;
               (10)  Sections 205.401(b), 1802.302, 1805.103,
  2156.004, 2156.005, and 2158.003, Occupations Code;
               (11)  Sections 32.053(b) and 32.057(d), Parks and
  Wildlife Code;
               (12)  Articles 4005a, 4006a, 4006b, 4015d, 4015e, and
  5196b, Revised Statutes;
               (13)  Chapter 281 (H.B. 2680), Acts of the 73rd
  Legislature, Regular Session, 1993 (Article 4413(47e-1), Vernon's
  Texas Civil Statutes); and
               (14)  Chapter 487 (H.B. 376), Acts of the 56th
  Legislature, Regular Session, 1959 (Article 9010, Vernon's Texas
  Civil Statutes).
  ARTICLE 4.  TRANSITION PROVISIONS; EFFECTIVE DATE
         SECTION 4.01.  The changes in law made by this Act apply only
  to an offense committed on or after the effective date of this Act.
  An offense committed before the effective date of this Act is
  governed by the law in effect on the date the offense was committed,
  and the former law is continued in effect for that purpose. For
  purposes of this section, an offense was committed before the
  effective date of this Act if any element of the offense occurred
  before that date.
         SECTION 4.02.  To the extent of any conflict, this Act
  prevails over another Act of the 85th Legislature, Regular Session,
  2017, relating to nonsubstantive additions to and corrections in
  enacted codes.
         SECTION 4.03.  This Act takes effect September 1, 2017.