Bills Relating to Penal Code and Other Offenses

HB 0359 Disruption of class, Disruption of Transportation, and certain elements of Disorderly conduct

Changes to Disorderly Conduct PC 42.01 (a) (1), (2), (3), (5) & (6) Beginning with the 2011-2012 school year, the following elements of disorderly conduct will not apply to a student in the 6th grade or a lower grade if the prohibited conduct occurs at a public school campus during regular school hours: (1) abusive, indecent, or vulgar language tending to incite an immediate breach of the peace; (2) offensive gestures tending to incite an immediate breach of the peace; (3) noxious and unreasonable odors created by chemical means; (5) unreasonable noise; and, (6) fighting

PC 43.261.  Electronic Transmission of Certain Visual Material Depicting Minor A person who is a minor commits an offense if the person intentionally or knowingly: (1)  by electronic means promotes to another minor visual material depicting a minor, including the actor, engaging in sexual conduct, if the actor produced the visual material or knows that another minor produced the visual material; or (2)  possesses in an electronic format visual material depicting another minor engaging in sexual conduct, if the actor produced the visual material or knows that another minor produced the visual material. (c)  An offense under Subsection (b)(1) is a Class C misdemeanor

Higher Offense Except that the offense is: (1)  a Class B misdemeanor if it is shown on the trial of the offense that the actor: (A)  promoted the visual material with intent to harass, annoy, alarm, abuse, torment, embarrass, or offend another

Defense To Prosecution (1)  did not produce or solicit the visual material; (2)  possessed the visual material only after receiving the material from another minor; and (3)  destroyed the visual material within a reasonable amount of time after receiving the material from another minor.

HB 0025 Amends PC 46.02 to provides that a person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle or watercraft which is owned by or under the person’s control at anytime in which: The handgun is in plain view The person is Engaged in criminal activity (besides Class C) Prohibited by law from possessing a firearm A member of a criminal street gang

HB 0308 Amends PW 31.066 to require a motorboat, including a motorboat carrying passengers for hire, to carry at least one wearable personal floatation device for each person aboard, and the operator shall require each passenger under 13 to wear a wearable personal flotation device at all times. Amends PW 31.073 to exempt a canoe, kayak, punt, rowboat, sailboat, rubber raft, and other paddle craft from all safety equipment requirements except one wearable personal flotation device for each person aboard. Effective 6-17-2011

SB 1024 Relates to Theft of Service Amends PC 31.04 as to the actor securing performance of a service by agreeing to provide compensation, and then failing to make full payment after receiving notice demanding payment. Provides that the partial payment of wages alone is not sufficient evidence to negate the actor’s intent to avoid payment for a service. Effective 9-1-2011

SB 1480 Adds to PW 66.0072 to prohibit a person from importing, possessing, selling, or placing into the public water an exotic harmful or potentially harmful aquatic plant, except as allowed by a Parks and Wildlife Commission rule or a Parks and Wildlife Department permit. Violation is a class C Effective 6-17-2011

HB 1043 Adds to PC 42.105 to create an offense if a person, older than 15 years of age, knowingly attends as a spectator an exhibition of cockfighting. Promotion and engaging in cockfighting is a higher offense. It is a class C to be a spectator unless previously convicted of any offense under the subdivision of cockfighting and then it is a class A.

HB 2507 Adds to OC 1903.256 to create an offense if a person installs and irrigations system without holding a license issued by the Texas Commission on Environmental Quality. It is a class C offense Effective 9-1-2011

SB 0256 Adds to HS 671A.002 to require a private autopsy facility to post a notice in English and Spanish advising that a person may file with the Texas Medical Board a complaint against a physician who performs the autopsy services. The notice must include the mailing address and telephone number of the Texas Medical Board for filing the complaints against physicians. It creates a class C offense Effective 1-1-2012

SB 0431 Adds to PC 32.54 to create a new offense if a person lies about military service for personal gain. Creates a class C offense Effective 9-1-2011