§ 58.001. Collection of Records of Children. Statute text (a) Law enforcement officers and other juvenile justice personnel shall collect information.

§ 58.001. Collection of Records of Children. Statute text (a) Law enforcement officers and other juvenile justice personnel shall collect information described by Section 58.104 as a part of the juvenile justice information system created under Subchapter B. (b) The information is available as provided by Subchapter B. Texas Family Code CHAPTER 58. RECORDS; JUVENILE JUSTICE INFORMATION SYSTEM

§ 58.001. Collection of Records of Children – Continued:. (c) A law enforcement agency shall forward information, including fingerprints, relating to a child who has been taken into custody under Section 52.01 by the agency to the Department of Public Safety for inclusion in the juvenile justice information system created under Subchapter B, but only if the child is referred to juvenile court on or before the 10th day after the date the child is taken into custody under Section 52.01. If the child is not referred to juvenile court within that time, the law enforcement agency shall destroy all information, including photographs and fingerprints, relating to the child unless the child is placed in a first offender

§ 58.001. Collection of Records of Children – Continued:. program under Section 52.031 or on informal disposition under Section 52.03. The law enforcement agency may not forward any information to the Department of Public Safety relating to the child while the child is in a first offender program under Section 52.031, or during the 90 days following successful completion of the program or while the child is on informal disposition under Section 52.03. Except as provided by Subsection (f), after the date the child completes an informal disposition under Section 52.03 or after the 90th day after the date the child successfully completes a first offender program under Section

§ 58.001. Collection of Records of Children – Continued:. Section 52.03 or after the 90th day after the date the child successfully completes a first offender program under Section 52.031, the law enforcement agency shall destroy all information, including photographs and fingerprints, relating to the child. (d) If information relating to a child is contained in a document that also contains information relating to an adult and a law enforcement agency is required to destroy all information relating to the child under this section, the agency shall alter the document so that the information relating to the child is destroyed and the information relating to the adult is preserved.

§ 58.001. Collection of Records of Children – Continued: (e) The deletion of a computer entry constitutes destruction of the information contained in the entry. (f) A law enforcement agency may maintain information relating to a child after the 90th day after the date the child successfully completes a first offender program under Section 52.031 only to determine the child's eligibility to participate in a first offender program.

§ 58.002. Photographs and Fingerprints of Children. Statute text (a) Except as provided by Chapter 63, Criminal Procedure Code, a child may not be photographed or fingerprinted without the consent of the juvenile court unless the child is taken into custody or referred to the juvenile court for conduct that constitutes a felony or a misdemeanor punishable by confinement in jail.

§ 58.002. Photographs and Fingerprints of Children. (b) On or before December 31 of each year, the head of each municipal or county law enforcement agency located in a county shall certify to the juvenile board for that county that the photographs and fingerprints required to be destroyed under Section 58.001 have been destroyed. The juvenile board shall conduct or cause to be conducted an audit of the records of the law enforcement agency to verify the destruction of the photographs and fingerprints and the law enforcement agency shall make its records available for this purpose. If the audit shows that the certification provided by the head of the law enforcement agency is false, that person is subject to prosecution for perjury under Chapter 37, Penal Code.

§ 58.002. Photographs and Fingerprints of Children – Continued: (c) This section does not prohibit a law enforcement officer from photographing or fingerprinting a child who is not in custody if the child's parent or guardian voluntarily consents in writing to the photographing or fingerprinting of the child. (d) This section does not apply to fingerprints that are required or authorized to be submitted or obtained for an application for a driver's license or personal identification card. (e) This section does not prohibit a law enforcement officer from fingerprinting or photographing a child as provided by Section 58.0021.

§ 58.0021. Fingerprints or Photographs for Comparison in Investigation. Statute text (a) A law enforcement officer may take temporary custody of a child to take the child's fingerprints if: (1) the officer has probable cause to believe that the child has engaged in delinquent conduct; (2) the officer has investigated that conduct and has found other fingerprints during the investigation; and (3) the officer has probable cause to believe that the child's fingerprints will match the other fingerprints.

§ 58.0021. Fingerprints or Photographs for Comparison in Investigation – Continued: (b) A law enforcement officer may take temporary custody of a child to take the child's photograph if: (1) the officer has probable cause to believe that the child has engaged in delinquent conduct; and (2) the officer has probable cause to believe that the child's photograph will be of material assistance in the investigation of that conduct.

§ 58.0021. Fingerprints or Photographs for Comparison in Investigation – Continued: (c) Temporary custody for the purpose described by Subsection (a) or (b): (1) is not a taking into custody under Section 52.01; and (2) may not be reported to the juvenile justice information system under Subchapter B. (d) If a law enforcement officer does not take the child into custody under Section 52.01, the child shall be released from temporary custody authorized under this section as soon as the fingerprints or photographs are obtained.

§ 58.0021. Fingerprints or Photographs for Comparison in Investigation – Continued: (e) A law enforcement officer who under this section obtains fingerprints or photographs from a child shall: (1) immediately destroy them if they do not lead to a positive comparison or identification; and (2) make a reasonable effort to notify the child's parent, guardian, or custodian of the action taken. (f) A law enforcement officer may under this section obtain fingerprints or photographs from a child at: (1) a juvenile processing office; or (2) a location that affords reasonable privacy to the child.

§ 58.0022. Fingerprints or Photographs to Identify Runaways. Statute text A law enforcement officer who takes a child into custody with probable cause to believe that the child has engaged in conduct indicating a need for supervision as described by Section 51.03(b)(3) and who after reasonable effort is unable to determine the identity of the child, may fingerprint or photograph the child to establish the child's identity. On determination of the child's identity or that the child cannot be identified by the fingerprints or photographs, the law enforcement officer shall immediately destroy all copies of the fingerprint records or photographs of the child.

§ 58.007. Physical Records or Files. Statute text (a) This section applies only to the inspection and maintenance of a physical record or file concerning a child and the storage of information, by electronic means or otherwise, concerning the child from which a physical record or file could be generated and does not affect the collection, dissemination, or maintenance of information as provided by Subchapter B. This section does not apply to a record or file relating to a child that is: (1) required or authorized to be maintained under the laws regulating the operation of motor vehicles in this state;

§ 58.007. Physical Records or Files – Continued: (2) maintained by a municipal or justice court; or (3) subject to disclosure under Chapter 62, Criminal Procedure Code, as added by Chapter 668, Acts of the 75th Legislature, Regular Session, 1997. (b) Except as provided by Article 15.27, Code of Criminal Procedure, the records and files of a juvenile court, a clerk of court, a juvenile probation department, or a prosecuting attorney relating to a child who is a party to a proceeding under this title are open to inspection only by: (1) the judge, probation officers, and professional staff or consultants of the juvenile court;

§ 58.007. Physical Records or Files – Continued: (2) a juvenile justice agency as that term is defined by Section 58.101; (3) an attorney for a party to the proceeding; (4) a public or private agency or institution providing supervision of the child by arrangement of the juvenile court, or having custody of the child under juvenile court order; or (5) with leave of the juvenile court, any other person, agency, or institution having a legitimate interest in the proceeding or in the work of the court.

§ 58.007. Physical Records or Files – Continued: (c) Except as provided by Subsection (d), law enforcement records and files concerning a child and information stored, by electronic means or otherwise, concerning the child from which a record or file could be generated may not be disclosed to the public and shall be: (1) if maintained on paper or microfilm, kept separate from adult files and records; (2) if maintained electronically in the same computer system as records or files relating to adults, be accessible under controls that are separate and distinct from controls to access electronic data concerning adults; and

§ 58.007. Physical Records or Files – Continued: (3) maintained on a local basis only and not sent to a central state or federal depository, except as provided by Subchapter B. (d) The law enforcement files and records of a person who is transferred from the Texas Youth Commission to the institutional division or the pardons and paroles division of the Texas Department of Criminal Justice may be transferred to a central state or federal depository for adult records on or after the date of transfer.

§ 58.007. Physical Records or Files – Continued: (e) Law enforcement records and files concerning a child may be inspected by a juvenile justice agency as that term is defined by Section 58.101 and a criminal justice agency as that term is defined by Section 411.082, Government Code. (f) If a child has been reported missing by a parent, guardian, or conservator of that child, information about the child may be forwarded to and disseminated by the Texas Crime Information Center and the National Crime Information Center.

§ 58.007. Physical Records or Files – Continued: (g) For the purpose of offering a record as evidence in the punishment phase of a criminal proceeding, a prosecuting attorney may obtain the record of a defendant's adjudication that is admissible under Section 3(a), Article 37.07, Criminal Procedure Code, by submitting a request for the record to the juvenile court that made the adjudication. If a court receives a request from a prosecuting attorney under this subsection, the court shall, if the court possesses the requested record of adjudication, certify and provide the prosecuting attorney with a copy of the record.

§ 58.007. Physical Records or Files – Continued: (h) The juvenile court may disseminate to the public the following information relating to a child who is the subject of a directive to apprehend or a warrant of arrest and who cannot be located for the purpose of apprehension: (1) the child's name, including other names by which the child is known; (2) the child's physical description, including sex, weight, height, race, ethnicity, eye color, hair color, scars, marks, and tattoos; (3) a photograph of the child; and

§ 58.007. Physical Records or Files – Continued: (4) a description of the conduct the child is alleged to have committed, including the level and degree of the alleged offense. (i) In addition to the authority to release information under Subsection (b)(5), a juvenile probation department may release information contained in its records without leave of the juvenile court pursuant to guidelines adopted by the juvenile board.

§ 58.0071. Destruction of Certain Physical Records and Files. Statute text (a) In this section: Juvenile case (1) "Juvenile case" means: (A) a referral for conduct indicating a need for supervision or delinquent conduct; or (B) if a petition was filed, all charges made in the petition. (2) "Physical records and files" include entries in a computer file or information on microfilm, microfiche, or any other electronic storage media.

§ 58.0071. Destruction of Certain Physical Records and Files – Continued: (b) The custodian of physical records and files in a juvenile case may destroy the records and files if the custodian duplicates the information in the records and files in a computer file or information on microfilm, microfiche, or any other electronic storage media. (c) The following persons may authorize, subject to Subsections (d) and (e) and any other restriction the person may impose, the destruction of the physical records and files relating to a closed juvenile case: (1) a juvenile board in relation to the records and files in the possession of the juvenile probation department;

§ 58.0071. Destruction of Certain Physical Records and Files – Continued: (2) the head of a law enforcement agency in relation to the records and files in the possession of the agency; and (3) a prosecuting attorney in relation to the records and files in the possession of the prosecuting attorney's office. (d) The physical records and files of a juvenile case may only be destroyed if the child who is the respondent in the case: (1) is at least 18 years of age and:

§ 58.0071. Destruction of Certain Physical Records and Files – Continued: (d)(1) (A) the most serious allegation adjudicated was conduct indicating a need for supervision; (B) the most serious allegation was conduct indicating a need for supervision and there was not an adjudication; or (C) the referral or information did not relate to conduct indicating a need for supervision or delinquent conduct and the juvenile court or the court's staff did not take action on the referral or information for that reason;

§ 58.0071. Destruction of Certain Physical Records and Files – Continued: (d)(2) is at least 21 years of age and: (A) the most serious allegation adjudicated was delinquent conduct that violated a penal law of the grade of misdemeanor; or (B) the most serious allegation was delinquent conduct that violated a penal law of the grade of misdemeanor or felony and there was not an adjudication; or (3) is at least 31 years of age and the most serious allegation adjudicated was delinquent conduct that violated a penal law of the grade of felony.

§ 58.0071. Destruction of Certain Physical Records and Files – Continued: (e) If a record or file contains information relating to more than one juvenile case, information relating to each case may only be destroyed if: (1) the destruction of the information is authorized under this section; and (2) the information can be separated from information that is not authorized to be destroyed under this section. (f) This section does not affect the destruction of physical records and files authorized by the Texas State Library Records Retention Schedule.

§ 58.0072. Dissemination of Juvenile Justice Information. Statute text (a) Except as provided by this section, juvenile justice information collected and maintained by the Texas Juvenile Probation Commission for statistical and research purposes is confidential information for the use of the commission and may not be disseminated by the commission. (b) Juvenile justice information consists of information of the type described by Section 58.104, including statistical data in any form or medium collected, maintained, or submitted to the Texas Juvenile Probation Commission under Section 141.044, Human Resources Code.

§ 58.0072. Dissemination of Juvenile Justice Information – Continued: (c) The Texas Juvenile Probation Commission may grant the following entities access to juvenile justice information for research and statistical purposes or for any other purpose approved by the commission: (1) criminal justice agencies as defined by Section 411.082, Government Code; (2) the Texas Education Agency; (3) any agency under the authority of the Health and Human Services Commission; or (4) a public or private university.

§ 58.0072. Dissemination of Juvenile Justice Information – Continued: (d) The Texas Juvenile Probation Commission may grant the following entities access to juvenile justice information only for a purpose approved by the commission: (1) a person working on a research or statistical project that: (A) is funded in whole or in part by state funds; or (B) meets the requirements of 28 C.F.R. Part 22 and is approved by the commission; or

§ 58.0072. Dissemination of Juvenile Justice Information – Continued: (2) a governmental entity that has a specific agreement with the commission, if the agreement: (A) specifically authorizes access to information; (B) limits the use of information to the purposes for which the information is given; (C) ensures the security and confidentiality of the information; and (D) provides for sanctions if a requirement imposed under Paragraph (A), (B), or (C) is violated.

§ 58.0072. Dissemination of Juvenile Justice Information – Continued: (e) The Texas Juvenile Probation Commission shall grant access to juvenile justice information for legislative purposes under Section 552.008, Government Code. (f) The Texas Juvenile Probation Commission may not release juvenile justice information in identifiable form, except for information released under Subsection (c)(1), (2), or (3) or under the terms of an agreement entered into under Subsection (d)(2). For purposes of this subsection, identifiable information means information that contains a juvenile offender's name or other personal identifiers or that can, by virtue of sample size or other factors, be reasonably interpreted as referring to a particular juvenile offender.

§ 58.0072. Dissemination of Juvenile Justice Information – Continued: (g) The Texas Juvenile Probation Commission is not required to release or disclose juvenile justice information to any person not identified under this section.

SUBCHAPTER B. JUVENILE JUSTICE INFORMATION SYSTEM § 58.101. Definitions. Statute text In this subchapter: (1) "Criminal justice agency" has the meaning assigned by Section 411.082, Government Code. (2) "Department" means the Department of Public Safety of the State of Texas. (3) "Disposition" means an action that results in the termination, transfer of jurisdiction, or indeterminate suspension of the prosecution of a juvenile offender.

§ 58.101. Definitions – Continued:. (4) "Incident number" means a unique number assigned to a child during a specific custodial or detention period or for a specific referral to the office or official designated by the juvenile board, if the juvenile offender was not taken into custody before the referral. (5) "Juvenile justice agency" means an agency that has custody or control over juvenile offenders. (6) "Juvenile offender" means a child who has been assigned an incident number. (7) "State identification number" means a unique number assigned by the department to a child in the juvenile justice information system.

§ 58.101. Definitions – Continued:. (8) "Uniform incident fingerprint card" means a multiple-part form containing a unique incident number with space for information relating to the conduct for which a child has been taken into custody, detained, or referred, the child's fingerprints, and other relevant information.

§ 58.102. Juvenile Justice Information System. Statute text (a) The department is responsible for recording data and maintaining a database for a computerized juvenile justice information system that serves: (1) as the record creation point for the juvenile justice information system maintained by the state; and (2) as the control terminal for entry of records, in accordance with federal law, rule, and policy, into the federal records system maintained by the Federal Bureau of Investigation.

§ 58.102. Juvenile Justice Information System – Continued: (b) The department shall develop and maintain the system with the cooperation and advice of the: (1) Texas Youth Commission; (2) Texas Juvenile Probation Commission; (3) Criminal Justice Policy Council; and (4) juvenile courts and clerks of juvenile courts. (c) The department may not collect or retain information relating to a juvenile if this chapter prohibits or restricts the collection or retention of the information.

§ 58.102. Juvenile Justice Information System – Continued: (d) The database must contain the information required by this subchapter. (e) The department shall designate the offense codes and has the sole responsibility for designating the state identification number for each juvenile whose name appears in the juvenile justice system.

§ 58.103. Purpose of System. Statute text The purpose of the juvenile justice information system is to: (1) provide agencies and personnel within the juvenile justice system accurate information relating to children who come into contact with the juvenile justice system of this state; (2) provide, where allowed by law, adult criminal justice agencies accurate and easily accessible information relating to children who come into contact with the juvenile justice system;

§ 58.103. Purpose of System – Continued: (3) provide an efficient conversion, where appropriate, of juvenile records to adult criminal records; (4) improve the quality of data used to conduct impact analyses of proposed legislative changes in the juvenile justice system; and (5) improve the ability of interested parties to analyze the functioning of the juvenile justice system.

§ 58.104. Types of Information Collected. Statute text (a) Subject to Subsection (f), the juvenile justice information system shall consist of information relating to delinquent conduct committed by a juvenile offender that, if the conduct had been committed by an adult, would constitute a criminal offense other than an offense punishable by a fine only, including information relating to: (1) the juvenile offender; (2) the intake or referral of the juvenile offender into the juvenile justice system; (3) the detention of the juvenile offender;

§ 58.104. Types of Information Collected – Continued: (a)(4) the prosecution of the juvenile offender; (5) the disposition of the juvenile offender's case, including the name and description of any program to which the juvenile offender is referred; and (6) the probation or commitment of the juvenile offender. (b) To the extent possible and subject to Subsection (a), the department shall include in the juvenile justice information system the following information for each juvenile offender taken into custody, detained, or referred under this title for delinquent conduct:

§ 58.104. Types of Information Collected – Continued: (b)(1) the juvenile offender's name, including other names by which the juvenile offender is known; (2) the juvenile offender's date and place of birth; (3) the juvenile offender's physical description, including sex, weight, height, race, ethnicity, eye color, hair color, scars, marks, and tattoos; (4) the juvenile offender's state identification number, and other identifying information, as determined by the department; (5) the juvenile offender's fingerprints;

§ 58.104. Types of Information Collected – Continued: (b)(6) the juvenile offender's last known residential address, including the census tract number designation for the address; (7) the name and identifying number of the agency that took into custody or detained the juvenile offender; (8) the date of detention or custody; (9) the conduct for which the juvenile offender was taken into custody, detained, or referred, including level and degree of the alleged offense;

§ 58.104. Types of Information Collected – Continued: (b)(10) the name and identifying number of the juvenile intake agency or juvenile probation office; (11) each disposition by the juvenile intake agency or juvenile probation office; (12) the date of disposition by the juvenile intake agency or juvenile probation office; (13) the name and identifying number of the prosecutor's office; (14) each disposition by the prosecutor; (15) the date of disposition by the prosecutor;

§ 58.104. Types of Information Collected – Continued: (b)(16) the name and identifying number of the court; (17) each disposition by the court, including information concerning custody of a juvenile offender by a juvenile justice agency or probation; (18) the date of disposition by the court; (19) any commitment or release under supervision by the Texas Youth Commission; (20) the date of any commitment or release under supervision by the Texas Youth Commission; and

§ 58.104. Types of Information Collected – Continued: (b)(21) a description of each appellate proceeding. (c) The department may designate codes relating to the information described by Subsection (b). (d) The department shall designate a state identification number for each juvenile offender. (e) This subchapter does not apply to a disposition that represents an administrative status notice of an agency described by Section 58.102(b). (f) Records maintained by the department in the depository are subject to being sealed under Section 58.003.

§ 58.105. Duties of Juvenile Board. Statute text Each juvenile board shall provide for: (1) the compilation and maintenance of records and information needed for reporting information to the department under this subchapter; (2) the transmittal to the department, in the manner provided by the department, of all records and information required by the department under this subchapter; and (3) access by the department to inspect records and information to determine the completeness and accuracy of information reported.

§ 58.106. Confidentiality. Statute text (a) Except as otherwise provided by this section, information contained in the juvenile justice information system is confidential information for the use of the department and may not be disseminated by the department except: (1) with the permission of the juvenile offender, to military personnel of this state or the United States; (2) to a person or entity to which the department may grant access to adult criminal history records as provided by Section 411.083, Government Code;

§ 58.106. Confidentiality – Continued: (3) to a juvenile justice agency; and (4) to the Criminal Justice Policy Council, the Texas Youth Commission, and the Texas Juvenile Probation Commission for analytical purposes. (b) Subsection (a) does not apply to a document maintained by a juvenile justice agency that is the source of information collected by the department. (c) The department may, if necessary to protect the welfare of the community, disseminate to the public the following information relating to a juvenile who has escaped from the custody of the Texas Youth Commission or from another secure detention or correctional facility:

§ 58.106. Confidentiality – Continued: (c)(1) the juvenile's name, including other names by which the juvenile is known; (2) the juvenile's physical description, including sex, weight, height, race, ethnicity, eye color, hair color, scars, marks, and tattoos; (3) a photograph of the juvenile; and (4) a description of the conduct for which the juvenile was committed to the Texas Youth Commission or detained in the secure detention or correctional facility, including the level and degree of the alleged offense.

§ 58.106. Confidentiality – Continued: (d) The department may, if necessary to protect the welfare of the community, disseminate to the public the information listed under Subsection (c) relating to a juvenile offender when notified by a law enforcement agency of this state that the law enforcement agency has been issued a directive to apprehend the offender or an arrest warrant for the offender or that the law enforcement agency is otherwise authorized to arrest the offender and that the offender is suspected of having: (1) committed a felony offense under the following provisions of the Penal Code:

§ 58.106. Confidentiality – Continued: (d) (1) (A) Title 5; (B) Section 29.02; or (C) Section 29.03; and (2) fled from arrest or apprehension for commission of the offense.

§ 58.107. Compatibility of Data. Statute text Data supplied to the juvenile justice information system must be compatible with the system and must contain both incident numbers and state identification numbers.

§ 58.108. Duties of Agencies and Courts. Statute text (a) A juvenile justice agency and a clerk of a juvenile court shall: (1) compile and maintain records needed for reporting data required by the department; (2) transmit to the department in the manner provided by the department data required by the department; (3) give the department or its accredited agents access to the agency or court for the purpose of inspection to determine the completeness and accuracy of data reported; and

§ 58.108. Duties of Agencies and Courts – Continued: (a)(4) cooperate with the department to enable the department to perform its duties under this chapter. (b) A juvenile justice agency and clerk of a court shall retain documents described by this section.

§ 58.109. Uniform Incident Fingerprint Card. Statute text (a) The department may provide for the use of a uniform incident fingerprint card in the maintenance of the juvenile justice information system. (b) The department shall design, print, and distribute to each law enforcement agency and juvenile intake agency uniform incident fingerprint cards.

§ 58.109. Uniform Incident Fingerprint Card – Continued: (c) The incident cards must: (1) be serially numbered with an incident number in a manner that allows each incident of referral of a juvenile offender who is the subject of the incident fingerprint card to be readily ascertained; and (2) be multiple-part forms that can be transmitted with the juvenile offender through the juvenile justice process and that allow each agency to report required data to the department.

§ 58.109. Uniform Incident Fingerprint Card – Continued: (d) Subject to available telecommunications capacity, the department shall develop the capability to receive by electronic means from a law enforcement agency the information on the uniform incident fingerprint card. The information must be in a form that is compatible to the form required of data supplied to the juvenile justice information system.

§ 58.110. Reporting. Statute text (a) The department by rule shall develop reporting procedures that ensure that the juvenile offender processing data is reported from the time a juvenile offender is initially taken into custody, detained, or referred until the time a juvenile offender is released from the jurisdiction of the juvenile justice system. (b) The law enforcement agency or the juvenile intake agency that initiates the entry of the juvenile offender into the juvenile justice information system for a specific incident shall prepare a uniform incident fingerprint card and initiate the reporting process for each incident reportable under this subchapter.

§ 58.110. Reporting – Continued: (c) The clerk of the court exercising jurisdiction over a juvenile offender's case shall report the disposition of the case to the department. A clerk of the court who violates this subsection commits an offense. An offense under this subsection is a Class C misdemeanor. (d) In each county, the reporting agencies may make alternative arrangements for reporting the required information, including combined reporting or electronic reporting, if the alternative reporting is approved by the juvenile board and the department.

§ 58.110. Reporting – Continued: (e) Except as otherwise required by applicable state laws or regulations, information required by this chapter to be reported to the department shall be reported promptly. The information shall be reported not later than the 30th day after the date the information is received by the agency responsible for reporting the information, except that a juvenile offender's custody, detention, or referral without previous custody shall be reported to the department not later than the seventh day after the date of the custody, detention, or referral.

§ 58.110. Reporting – Continued: (f) Subject to available telecommunications capacity, the department shall develop the capability to receive by electronic means the information required under this section to be reported to the department. The information must be in a form that is compatible to the form required of data to be reported under this section.

§ 58.113. Warrants. Statute text The department shall maintain in a computerized database that is accessible by the same entities that may access the juvenile justice information system information relating to a warrant of arrest, as that term is defined by Article 15.01, Code of Criminal Procedure, or a directive to apprehend under Section 52.015 for any child, without regard to whether the child has been taken into custody.

SUBCHAPTER C. AUTOMATIC RESTRICTION OF ACCESS TO RECORDS § 58.201. Definition. Statute text In this subchapter, "department" means the Department of Public Safety of the State of Texas.

§ 58.202. Exempted Records. Statute text The following records are exempt from this subchapter: (1) sex offender registration records maintained by the department or a local law enforcement agency under Chapter 62, Criminal Procedure Code; and (2) records relating to a criminal combination or criminal street gang maintained by the department or a local law enforcement agency under Chapter 61, Criminal Procedure Code.

§ 58.203. Certification. Statute text (a) The department shall certify to the juvenile probation department to which a referral was made that resulted in information being submitted to the juvenile justice information system that the records relating to a person's juvenile case are subject to automatic restriction of access if: (1) the person is at least 21 years of age; (2) the juvenile case did not include violent or habitual felony conduct resulting in proceedings in the juvenile court under Section 53.045;

§ 58.203. Certification – Continued: (a)(3) the juvenile case was not certified for trial in criminal court under Section 54.02; and (4) the department has not received a report in its criminal history system that the person was granted deferred adjudication for or convicted of a felony or a misdemeanor punishable by confinement in jail for an offense committed after the person became 17 years of age.

§ 58.203. Certification – Continued: (b) If the department's records relate to a juvenile court with multi-county jurisdiction, the department shall issue the certification described by Subsection (a) to each juvenile probation department that serves the court. On receipt of the certification, each juvenile probation department shall determine whether it received the referral and, if it received the referral, take the restrictive action notification required by law. (c) The department may issue the certification described by Subsection (a) by electronic means, including by electronic mail.

§ 58.204. Restricted Access on Certification. Statute text (a) On certification of records in a case under Section 58.203, the department, except as provided by Subsection (b): (1) may not disclose the existence of the records or any information from the records in response to an inquiry from: (A) a law enforcement agency; (B) a criminal or juvenile justice agency;

§ 58.204. Restricted Access on Certification – Continued: (a) (1)(C) a governmental or other agency given access to information under Chapter 411, Government Code; or (D) any other person, agency, organization, or entity; and (2) shall respond to a request for information about the records by stating that the records do not exist. (b) On certification of records in a case under Section 58.203, the department may permit access to the information in the juvenile justice information system relating to the case of an individual only:

§ 58.204. Restricted Access on Certification – Continued: (b) (1) by a criminal justice agency for a criminal justice purpose, as those terms are defined by Section 411.082, Government Code; or (2) for research purposes, by the Texas Juvenile Probation Commission, the Texas Youth Commission, or the Criminal Justice Policy Council.

§ 58.205. Request to the Federal Bureau of Investigation on Certification. Statute text On certification of records in a case under Section 58.203, the department shall request the Federal Bureau of Investigation to: (1) place the information in its files on restricted status, with access only by a criminal justice agency for a criminal justice purpose, as those terms are defined by Section 411.082, Government Code; or (2) if the action described in Subdivision (1) is not feasible, delete all information in its database concerning the case.

§ 58.206. Effect of Certification in Relation to the Protected Person. Statute text (a) On certification of records in a case under Section 58.203: (1) the person who is the subject of the records is not required to state in any proceeding, except as otherwise authorized by law in a criminal proceeding in which the person is testifying as a defendant, or in any application for employment, licensing, or other public or private benefit that the person has been a respondent in a case under this title and may not be punished, by perjury prosecution or otherwise, for denying:

§ 58.206. Effect of Certification in Relation to the Protected Person – Continued: (a) (1)(A) the existence of the records; or (B) the person's participation in a juvenile proceeding related to the records; and (2) information from the records may not be admitted against the person who is the subject of the records in a civil or criminal proceeding except a proceeding in which a juvenile adjudication was admitted under: (A) Section 12.42, Penal Code; (B) Article 37.07, Criminal Procedure Code; or

§ 58.206. Effect of Certification in Relation to the Protected Person – Continued: (a) (2) (C) as otherwise authorized by criminal procedural law. (b) A person who is the subject of records certified under this subchapter may not waive the restricted status of the records or the consequences of the restricted status.

§ 58.207. Juvenile Court Orders on Certification. Statute text (a) On certification of records in a case under Section 58.203, the juvenile court shall order: (1) that the following records relating to the case may be accessed only as provided by Section 58.204(b): (A) if the respondent was committed to the Texas Youth Commission, records maintained by the commission; (B) records maintained by the juvenile probation department;

§ 58.207. Juvenile Court Orders on Certification – Continued: (a) (1) (C) records maintained by the clerk of the court; (D) records maintained by the prosecutor's office; and (E) records maintained by a law enforcement agency; and

§ 58.207. Juvenile Court Orders on Certification – Continued: (a) (2) the juvenile probation department to make a reasonable effort to notify the person who is the subject of records for which access has been restricted of the action restricting access and the legal significance of the action for the person, but only if the person has requested the notification in writing and has provided the juvenile probation department with a current address. (b) On receipt of an order under Subsection (a)(1), the agency maintaining the records:

§ 58.207. Juvenile Court Orders on Certification – Continued: (b)(1) may allow access only as provided by Section 58.204(b); and (2) shall respond to a request for information about the records by stating that the records do not exist.

§ 58.208. Information to Child on Discharge. Statute text On the final discharge of a child from the juvenile system or on the last official action in the case, if there is no adjudication, the appropriate juvenile justice official shall provide to the child: (1) a written explanation of how automatic restricted access under this subchapter works; (2) a copy of this subchapter; and (3) a statement that if the child wishes to receive notification of an action restricting access to the child's records under Section 58.207(a), the child must before the child's 21st birthday provide the juvenile probation department with a current address where the child can receive notification.

§ ABC 106.02. Purchase of Alcohol By a Minor. (a) A minor commits an offense if the minor purchases an alcoholic beverage. A minor does not commit an offense if the minor purchases an alcoholic beverage under the immediate supervision of a commissioned peace officer engaged in enforcing the provisions of this code. (b) An offense under this section is punishable as provided by Section 106.071. Class C misdemeanor.

§ ABC 106.025. Attempt to Purchase Alcohol By a Minor. Statute text (a) A minor commits an offense if, with specific intent to commit an offense under Section 106.02 of this code, the minor does an act amounting to more than mere preparation that tends but fails to effect the commission of the offense intended. (b) An offense under this section is punishable as provided by Section 106.071. Class C misdemeanor.

§ ABC 106.04. Consumption of Alcohol By a Minor. Statute text (a) A minor commits an offense if he consumes an alcoholic beverage. (b) It is an affirmative defense to prosecution under this section that the alcoholic beverage was consumed in the visible presence of the minor's adult parent, guardian, or spouse. (c) An offense under this section is punishable as provided by Section 106.071. Class C misdemeanor

§ ABC 106.04. Consumption of Alcohol By a Minor – Continued: (d) A minor who commits an offense under this section and who has been previously convicted twice or more of offenses under this section is not eligible for deferred disposition. For the purposes of this subsection: (1) an adjudication under Title 3, Family Code, that the minor engaged in conduct described by this section is considered a conviction of an offense under this section; and (2) an order of deferred disposition for an offense alleged under this section is considered a conviction of an offense under this section.

§ ABC 106.05. Possession of Alcohol by a Minor. Statute text (a) Except as provided in Subsection (b) of this section, a minor commits an offense if he possesses an alcoholic beverage. (b) A minor may possess an alcoholic beverage: (1) while in the course and scope of the minor's employment if the minor is an employee of a licensee or permit tee and the employment is not prohibited by this code;

§ ABC 106.05. Possession of Alcohol by a Minor – Continued: (b) (2) if the minor is in the visible presence of his adult parent, guardian, or spouse, or other adult to whom the minor has been committed by a court; or (3) if the minor is under the immediate supervision of a commissioned peace officer engaged in enforcing the provisions of this code. (c) An offense under this section is punishable as provided by Section 106.071. Class C misdemeanor

§ ABC 106.07. Misrepresentation of Age By a Minor. Statute text (a) A minor commits an offense if he falsely states that he is 21 years of age or older or presents any document that indicates he is 21 years of age or older to a person engaged in selling or serving alcoholic beverages. (b) An offense under this section is punishable as provided by Section 106.071.

§ ABC 106.071. Punishment for Alcohol- related Offense By Minor. Statute text (a) This section applies to an offense under Section 106.02, 106.025, 106.04, 106.05, or 106.07. (b) Except as provided by Subsection (c), an offense to which this section applies is a Class C misdemeanor. (c) If it is shown at the trial of the defendant that the defendant is a minor who is not a child and who has been previously convicted at least twice of an offense to which this section applies, the offense is punishable by:

§ ABC 106.071. Punishment for Alcohol-related Offense By Minor – Continued: (c) (1) a fine of not less than $250 or more than $2,000; (2) confinement in jail for a term not to exceed 180 days; or (3) both the fine and confinement. (d) In addition to any fine and any order issued under Section 106.115: (1) the court shall order a minor placed on deferred disposition for or convicted of an offense to which this section applies to perform community service for:

§ ABC 106.071. Punishment for Alcohol-related Offense By Minor – Continued: (d) (1) (A) not less than eight or more than 12 hours, if the minor has not been previously convicted of an offense to which this section applies; or (B) not less than 20 or more than 40 hours, if the minor has been previously convicted once of an offense to which this section applies; and

§ ABC 106.071. Punishment for Alcohol-related Offense By Minor – Continued: (d) (2) the court shall order the Department of Public Safety to suspend the driver's license or permit of a minor convicted of an offense to which this section applies or, if the minor does not have a driver's license or permit, to deny the issuance of a driver's license or permit for: (A) 30 days, if the minor has not been previously convicted of an offense to which this section applies; (B) 60 days, if the minor has been previously convicted once of an offense to which this section applies; or

§ ABC 106.071. Punishment for Alcohol-related Offense By Minor – Continued: (d) (2)(C) 180 days, if the minor has been previously convicted twice or more of an offense to which this section applies. (e) Community service ordered under this section must be related to education about or prevention of misuse of alcohol if programs or services providing that education are available in the community in which the court is located. If programs or services providing that education are not available, the court may order community service that it considers appropriate for rehabilitative purposes.

§ ABC 106.071. Punishment for Alcohol-related Offense By Minor – Continued: (f) In this section: (1) a prior adjudication under Title 3, Family Code, that the minor engaged in conduct described by this section is considered a conviction; and (2) a prior order of deferred disposition for an offense alleged under this section is considered a conviction. (g) In this section, "child" has the meaning assigned by Section 51.02, Family Code.

§ ABC 106.071. Punishment for Alcohol-related Offense By Minor – Continued: (h) A driver's license suspension under this section takes effect on the 11th day after the date the minor is convicted. (i) A defendant who is not a child and who has been previously convicted at least twice of an offense to which this section applies is not eligible to receive a deferred disposition or deferred adjudication.

§ EC 37.122. Possession of Intoxicants on Public School Grounds. Statute text (a) A person commits an offense if the person possesses an intoxicating beverage for consumption, sale, or distribution while: (1) on the grounds or in a building of a public school; or (2) entering or inside any enclosure, field, or stadium where an athletic event sponsored or participated in by a public school of this state is being held.

§ EC 37.122. Possession of Intoxicants on Public School Grounds – Continued: (b) An officer of this state who sees a person violating this section shall immediately seize the intoxicating beverage and, within a reasonable time, deliver it to the county or district attorney to be held as evidence until the trial of the accused possessor. (c) An offense under this section is a Class C misdemeanor.

§ 52.01. Taking Into Custody; Issuance of Warning Notice. Statute text (a) A child may be taken into custody: (1) pursuant to an order of the juvenile court under the provisions of this subtitle; (2) pursuant to the laws of arrest; (3) by a law-enforcement officer, including a school district peace officer commissioned under Section 37.081, Education Code, if there is probable cause to believe that the child has engaged in:

§ 52.01. Taking Into Custody; Issuance of Warning Notice – Continued: (a) (3) (A) conduct that violates a penal law of this state or a penal ordinance of any political subdivision of this state; (B) delinquent conduct or conduct indicating a need for supervision; or (C) conduct that violates a condition of probation imposed by the juvenile court; (4) by a probation officer if there is probable cause to believe that the child has violated a condition of probation imposed by the juvenile court;

§ 52.01. Taking Into Custody; Issuance of Warning Notice – Continued: (5) pursuant to a directive to apprehend issued as provided by Section 52.015; or (6) by a probation officer if there is probable cause to believe that the child has violated a condition of release imposed by the juvenile court or referee under Section 54.01. (b) The taking of a child into custody is not an arrest except for the purpose of determining the validity of taking him into custody or the validity of a search under the laws and constitution of this state or of the United States.

§ 52.01. Taking Into Custody; Issuance of Warning Notice – Continued: (c) A law-enforcement officer authorized to take a child into custody under Subdivisions (2) and (3) of Subsection (a) of this section may issue a warning notice to the child in lieu of taking the child into custody if: (1) guidelines for warning disposition have issued by the law-enforcement agency in which the officer works; (2) the guidelines have been approved by the juvenile board of the county in which the disposition is made;

§ 52.01. Taking Into Custody; Issuance of Warning Notice – Continued: (c)(3) the disposition is authorized by the guidelines; (4) the warning notice identifies the child and describes the child's alleged conduct; (5) a copy of the warning notice is sent to the child's parent, guardian, or custodian as soon as practicable after disposition; and (6) a copy of the warning notice is filed with the law-enforcement agency and the office or official designated by the juvenile board.

§ 52.01. Taking Into Custody; Issuance of Warning Notice – Continued: (d) A warning notice filed with the office or official designated by the juvenile board may be used as the basis of further action if necessary.

§ PC 9.51. Arrest and Search (Use of Force). Statute text (a) A peace officer, or a person acting in a peace officer's presence and at his direction, is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to make or assist in making an arrest or search, or to prevent or assist in preventing escape after arrest, if: (1) the actor reasonably believes the arrest or search is lawful or, if the arrest or search is made under a warrant, he reasonably believes the warrant is valid; and

§ PC 9.51. Arrest and Search – Continued: (a)(2) before using force, the actor manifests his purpose to arrest or search and identifies himself as a peace officer or as one acting at a peace officer's direction, unless he reasonably believes his purpose and identity are already known by or cannot reasonably be made known to the person to be arrested.

§ PC 9.51. Arrest and Search – Continued: (c) A peace officer is justified in using deadly force against another when and to the degree the peace officer reasonably believes the deadly force is immediately necessary to make an arrest, or to prevent escape after arrest, if the use of force would have been justified under Subsection (a) and: (1) the actor reasonably believes the conduct for which arrest is authorized included the use or attempted use of deadly force; or (2) the actor reasonably believes there is a substantial risk that the person to be arrested will cause death or serious bodily injury to the actor or another if the arrest is delayed.

§ PC 9.51. Arrest and Search – Continued: (d) A person other than a peace officer acting in a peace officer's presence and at his direction is justified in using deadly force against another when and to the degree the person reasonably believes the deadly force is immediately necessary to make a lawful arrest, or to prevent escape after a lawful arrest, if the use of force would have been justified under Subsection (b) and: (1) the actor reasonably believes the felony or offense against the public peace for which arrest is authorized included the use or attempted use of deadly force; or

§ PC 9.51. Arrest and Search – Continued: (d)(2) the actor reasonably believes there is a substantial risk that the person to be arrested will cause death or serious bodily injury to another if the arrest is delayed. (e) There is no duty to retreat before using deadly force justified by Subsection (c) or (d). (f) Nothing in this section relating to the actor's manifestation of purpose or identity shall be construed as conflicting with any other law relating to the issuance, service, and execution of an arrest or search warrant either under the laws of this state or the United States.

§ PC 9.51. Arrest and Search – Continued: (g) Deadly force may only be used under the circumstances enumerated in Subsections (c) and (d).

§ PC 38.03. Resisting Arrest, Search, or Transportation. Statute text (a) A person commits an offense if he intentionally prevents or obstructs a person he knows is a peace officer or a person acting in a peace officer's presence and at his direction from effecting an arrest, search, or transportation of the actor or another by using force against the peace officer or another. (b) It is no defense to prosecution under this section that the arrest or search was unlawful. (c) Except as provided in Subsection (d), an offense under this section is a Class A misdemeanor. (d) An offense under this section is a felony of the third degree if the actor uses a deadly weapon to resist the arrest or search.

§ 38.05. Hindering Apprehension or Prosecution. Statute text (a) A person commits an offense if, with intent to hinder the arrest, prosecution, conviction, or punishment of another for an offense or, with intent to hinder the arrest, detention, adjudication, or disposition of a child for engaging in delinquent conduct that violates a penal law of the state, or with intent to hinder the arrest of another under the authority of a warrant or capias, he: (1) harbors or conceals the other;

§ 38.05. Hindering Apprehension or Prosecution – Continued: (a)(2) provides or aids in providing the other with any means of avoiding arrest or effecting escape; or (3) warns the other of impending discovery or apprehension. (b) It is a defense to prosecution under Subsection (a)(3) that the warning was given in connection with an effort to bring another into compliance with the law.

§ 38.05. Hindering Apprehension or Prosecution – Continued: (c) An offense under this section is a Class A misdemeanor, except that the offense is a felony of the third degree if the person who is harbored, concealed, provided with a means of avoiding arrest or effecting escape, or warned of discovery or apprehension is under arrest for, charged with, or convicted of a felony, or is in custody or detention for, is alleged in a petition to have engaged in, or has been adjudicated as having engaged in delinquent conduct that violates a penal law of the grade of felony, and the person charged under this section knew that the person they harbored, concealed, provided with a means of avoiding arrest or effecting escape, or warned of discovery or apprehension is

§ 38.05. Hindering Apprehension or Prosecution – Continued: (c) continued: under arrest for, charged with, or convicted of a felony, or is in custody or detention for, is alleged in a petition to have engaged in, or has been adjudicated as having engaged in delinquent conduct that violates a penal law of the grade of felony.

§ PC 22.01. Assault. Statute text (a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse; (2) intentionally or knowingly threatens another with imminent bodily injury, including the person's spouse; or (3) intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.

§ PC 22.01. Assault – Continued: (b) An offense under Subsection (a)(1) is a Class A misdemeanor, except that the offense is a felony of the third degree if the offense is committed against: (1) a person the actor knows is a public servant while the public servant is lawfully discharging an official duty, or in retaliation or on account of an exercise of official power or performance of an official duty as a public servant;

§ PC 22.01. Assault – Continued: (b) (3) a person who contracts with government to perform a service in a facility as defined by Section 1.07(a)(14), Penal Code, or Section 51.02(13) or (14), Family Code, or an employee of that person: (A) while the person or employee is engaged in performing a service within the scope of the contract, if the actor knows the person or employee is authorized by government to provide the service; or (B) in retaliation for or on account of the person's or employee's performance of a service within the scope of the contract; or

§ PC 22.01. Assault – Continued: (b) (4) a person the actor knows is a security officer while the officer is performing a duty as a security officer. (c) An offense under Subsection (a)(2) or (3) is a Class C misdemeanor, except that the offense is: (1) a Class A misdemeanor if the offense is committed under Subsection (a)(3) against an elderly individual or disabled individual, as those terms are defined by Section 22.04; or (2) a Class B misdemeanor if the offense is committed by a person who is not a sports participant against a person the actor knows is a sports participant either:

§ PC 22.01. Assault – Continued: (c) (2)(A) while the participant is performing duties or responsibilities in the participant's capacity as a sports participant; or (B) in retaliation for or on account of the participant's performance of a duty or responsibility within the participant's capacity as a sports participant. (d) For purposes of Subsection (b), the actor is presumed to have known the person assaulted was a public servant or a security officer if the person was wearing a distinctive uniform or badge indicating the person's employment as a public servant or status as a security officer.

§ PC 22.01. Assault – Continued: (e) In this section: (1) [Repealed by Stats. 2005 79th Leg. Session, Ch. 788 (S.B. 91), § 6, effective September 1, 2005.] (2) [Repealed by Stats. 2005 79th Leg. Session, Ch. 788 (S.B. 91), § 6, effective September 1, 2005.] (3) "Security officer" means a commissioned security officer as defined by Section 1702.002, Occupations Code, or a noncommissioned security officer registered under Section 1702.221, Occupations Code.

§ PC 22.01. Assault – Continued: (e) (4) "Sports participant" means a person who participates in any official capacity with respect to an interscholastic, intercollegiate, or other organized amateur or professional athletic competition and includes an athlete, referee, umpire, linesman, coach, instructor, administrator, or staff member.

§ PC 22.01. Assault – Continued: (f) For the purposes of Subsection (b)(2): (1) a defendant has been previously convicted of an offense listed in Subsection (b)(2) committed against a person whose relationship to or association with the defendant is described by Section 71.0021(b), 71.003, or 71.005, Family Code, if the defendant was adjudged guilty of the offense or entered a plea of guilty or nolo contendere in return for a grant of deferred adjudication, regardless of whether the sentence for the offense was ever imposed or whether the sentence was probated and the defendant was subsequently discharged from community supervision; and

§ PC 22.01. Assault – Continued: (f) (2) a conviction under the laws of another state for an offense containing elements that are substantially similar to the elements of an offense listed in Subsection (b)(2) is a conviction of an offense listed in Subsection (b)(2).

§ EC 25.085. Compulsory School Attendance. Statute text (a) A child who is required to attend school under this section shall attend school each school day for the entire period the program of instruction is provided. (b) Unless specifically exempted by Section 25.086, a child who is at least six years of age, or who is younger than six years of age and has previously been enrolled in first grade, and who has not yet reached the child's 18th birthday shall attend school. (c) On enrollment in pre-kindergarten or kindergarten, a child shall attend school.

§ EC 25.085. Compulsory School Attendance – Continued: (d) Unless specifically exempted by Section 25.086, a student enrolled in a school district must attend: (1) an extended-year program for which the student is eligible that is provided by the district for students identified as likely not to be promoted to the next grade level or tutorial classes required by the district under Section 29.084; (2) an accelerated reading instruction program to which the student is assigned under Section 28.006(g); (3) an accelerated instruction program to which the student is assigned under Section 28.0211;

§ EC 25.085. Compulsory School Attendance – Continued: (d)(4) a basic skills program to which the student is assigned under Section 29.086; or (5) a summer program provided under Section 37.008(l) or Section 37.021.

§ EC 25.085. Compulsory School Attendance – Continued: (e) A person who voluntarily enrolls in school or voluntarily attends school after the person's 18th birthday shall attend school each school day for the entire period the program of instruction is offered. A school district may revoke for the remainder of the school year the enrollment of a person who has more than five absences in a semester that are not excused under Section 25.087. A person whose enrollment is revoked under this subsection may be considered an unauthorized person on school district grounds for purposes of Section 37.107.

§ EC 25.086. [3 Versions: Amended by 79th Leg. Session. Ch. 1339] Exemptions. if the child (a) A child is exempt from the requirements of compulsory school attendance if the child: (1) attends a private or parochial school that includes in its course a study of good citizenship; (2) is eligible to participate in a school district's special education program under Section 29.003 and cannot be appropriately served by he resident district;

§ EC 25.086. [3 Versions: Amended by 79th Leg. Session. Ch. 1339] Exemptions – Continued: (a) (3) has a physical or mental condition of a temporary and remediable nature that makes the child's attendance infeasible and holds a certificate from a qualified physician specifying the temporary condition, indicating the treatment prescribed to remedy the temporary condition, and covering the anticipated period of the child's absence from school for the purpose of receiving and recuperating from that remedial treatment;

§ EC 25.086. [3 Versions: Amended by 79th Leg. Session. Ch. 1339] Exemptions – Continued: (a) (4) is expelled in accordance with the requirements of law in a school district that does not participate in a mandatory juvenile justice alternative education program under Section 37.011; (5) is at least 17 years of age and: (A) is attending a course of instruction to prepare for the high school equivalency examination, and: (i) has the permission of the child's parent or guardian to attend the course;

§ EC 25.086. [3 Versions: Amended by 79th Leg. Session. Ch. 1339] Exemptions – Continued: (a) (5) (ii) is required by court order to attend the course; (iii) has established a residence separate and apart from the child's parent, guardian, or other person having lawful control of the child; or (iv) is homeless as defined by 42 U.S.C. Section 11302; or (B) has received a high school diploma or high school equivalency certificate;

§ EC 25.086. [3 Versions: Amended by 79th Leg. Session. Ch. 1339] Exemptions – Continued: (a) (6) is at least 16 years of age and is attending a course of instruction to prepare for the high school equivalency examination, if: (A) the child is recommended to take the course of instruction by a public agency that has supervision or custody of the child under a court order; or (B) the child is enrolled in a Job Corps training program under 29 U.S.C. Section 2881 et seq.; (7) is enrolled in the Texas Academy of Mathematics and Science;

§ EC 25.086. [3 Versions: Amended by 79th Leg. Session. Ch. 1339] Exemptions – Continued: (a) (8) is enrolled in the Texas Academy of Leadership in the Humanities; (9) is enrolled in the Texas Academy of International Studies; or (10) is specifically exempted under another law. (b) This section does not relieve a school district in which a child eligible to participate in the district's special education program resides of its fiscal and administrative responsibilities under Subchapter A, Chapter 29, or of its responsibility to provide a free appropriate public education to a child with a disability.

§ EC 25.093. Parent Contributing to Nonattendance. Statute text parent commits an offense (a) If a warning is issued as required by Section 25.095(a), the parent with criminal negligence fails to require the child to attend school as required by law, and the child has absences for the amount of time specified under Section 25.094, the parent commits an offense. (b) The attendance officer or other appropriate school official shall file a complaint against the parent in:

§ EC 25.093. Parent Contributing to Nonattendance – Continued: (b) (1) the constitutional county court of the county in which the parent resides or in which the school is located, if the county has a population of two million or more; (2) a justice court of any precinct in the county in which the parent resides or in which the school is located; or (3) a municipal court of the municipality in which the parent resides or in which the school is located.

§ EC 25.093. Parent Contributing to Nonattendance – Continued: Class C misdemeanor (c) An offense under Subsection (a) is a Class C misdemeanor. Each day the child remains out of school may constitute a separate offense. Two or more offenses under Subsection (a) may be consolidated and prosecuted in a single action. If the court orders deferred disposition under Article 45.051, Code of Criminal Procedure, the court may require the defendant to provide personal services to a charitable or educational institution as a condition of the deferral. (d) A fine collected under this section shall be deposited as follows:

§ EC 25.093. Parent Contributing to Nonattendance – Continued: (d) (1) one-half shall be deposited to the credit of the operating fund of the school district in which the child attends school or of the juvenile justice alternative education program that the child has been ordered to attend, as applicable; and (2) one-half shall be deposited to the credit of: (A) the general fund of the county, if the complaint is filed in the justice court or the constitutional county court; or (B) the general fund of the municipality, if the complaint is filed in municipal court.

§ EC 25.093. Parent Contributing to Nonattendance – Continued: (e) At the trial of any person charged with violating Subsection (a), the attendance records of the child may be presented in court by any authorized employee of the school district. (f) A fine collected under this section shall be deposited as follows: (1) one-half shall be deposited to the credit of the operating fund of, as applicable: (A) the school district in which the child attends school;

§ EC 25.093. Parent Contributing to Nonattendance – Continued: (f) (1) (B) the open-enrollment charter school the child attends; or (C) the juvenile justice alternative education program that the child has been ordered to attend; and (2) one-half shall be deposited to the credit of: (A) the general fund of the county, if the complaint is filed in the county court or justice court; or (B) the general fund of the municipality, if the complaint is filed in municipal court.

§ EC 25.093. Parent Contributing to Nonattendance – Continued: (g) At the trial of any person charged with violating this section, the attendance records of the child may be presented in court by any authorized employee of the school district or open-enrollment charter school, as applicable.

§ EC 25.093. Parent Contributing to Nonattendance – Continued: (h) It is an affirmative defense to prosecution for an offense under Subsection (a) that one or more of the absences required to be proven under Subsection (a) was excused by a school official or should be excused by the court. The burden is on the defendant to show by a preponderance of the evidence that the absence has been or should be excused. A decision by the court to excuse an absence for purposes of this section does not affect the ability of the school district to determine whether to excuse the absence for another purpose. (i) In this section, "parent" includes a person standing in parental relation.

§ EC 25.094. Failure to Attend School. Statute text (a) An individual commits an offense if the individual: (1) is required to attend school under Section 25.085; and (2) fails to attend school on 10 or more days or parts of days within a six-month period in the same school year or on three or more days or parts of days within a four-week period. (b) An offense under this section may be prosecuted in:

§ EC 25.094. Failure to Attend School – Continued: (b) (1) the constitutional county court of the county in which the individual resides or in which the school is located, if the county has a population of two million or more; (2) a justice court of any precinct in the county in which the individual resides or in which the school is located; or (3) a municipal court in the municipality in which the individual resides or in which the school is located.

§ EC 25.094. Failure to Attend School – Continued: (c) On a finding by the county, justice, or municipal court that the individual has committed an offense under Subsection (a) or on a finding by a juvenile court in a county with a population of less than 100,000 that the individual has engaged in conduct that violates Subsection (a), the court may enter an order that includes one or more of the requirements listed in Article 45.054, Code of Criminal Procedure, as added by Chapter 1514, Acts of the 77th Legislature, Regular Session, 2001.

CCP Art. 45.054. Failure to Attend School Proceedings. Statute text (a) On a finding by a county, justice, or municipal court that an individual has committed an offense under Section 25.094, Education Code, the court has jurisdiction to enter an order that includes one or more of the following provisions requiring that: (1) the individual: (A) attend school without unexcused absences;

CCP Art. 45.054. Failure to Attend School Proceedings – Continued: (a) (1) (B) attend a preparatory class for the high school equivalency examination administered under Section 7.111, Education Code, if the court determines that the individual is too old to do well in a formal classroom environment; or (C) if the individual is at least 16 years of age, take the high school equivalency examination administered under Section 7.111, Education Code; (2) the individual attend a special program that the court determines to be in the best interest of the individual, including:

CCP Art. 45.054. Failure to Attend School Proceedings – Continued: (a) (2)(A) an alcohol and drug abuse program; (B) a rehabilitation program; (C) a counseling program, including self- improvement counseling; (D) a program that provides training in self-esteem and leadership; (E) a work and job skills training program; (F) a program that provides training in parenting, including parental responsibility;

CCP Art. 45.054. Failure to Attend School Proceedings – Continued: (a) (2)(G) a program that provides training in manners; (H) a program that provides training in violence avoidance; (I) a program that provides sensitivity training; and (J) a program that provides training in advocacy and mentoring; (3) the individual and the individual's parent attend a class for students at risk of dropping out of school designed for both the individual and the individual's parent;

CCP Art. 45.054. Failure to Attend School Proceedings – Continued: (a.)(4) the individual complete reasonable community service requirements; or (5) for the total number of hours ordered by the court, the individual participate in a tutorial program covering the academic subjects in which the student is enrolled provided by the school the individual attends.

CCP Art. 45.054. Failure to Attend School Proceedings – Continued: (a.)(5) for the total number of hours ordered by the court, the individual participate in a tutorial program covering the academic subjects in which the student is enrolled provided by the school the individual attends. (a) (1) On a finding by a juvenile court in a county with a population of less than 100,000 that the individual has engaged in conduct that violates Section 25.094, Education Code, the court has jurisdiction to enter an order that includes one or more of the provisions listed under Subsection (a).

CCP Art. 45.054. Failure to Attend School Proceedings – Continued: (b) An order under Subsection (a)(3) that requires the parent of an individual to attend a class for students at risk of dropping out of school is enforceable in the justice, municipal, or juvenile court by contempt. (c) A court having jurisdiction under this article shall endorse on the summons issued to the parent of the individual who is the subject of the hearing an order directing the parent to appear personally at the hearing and directing the person having custody of the individual to bring the individual to the hearing.

CCP Art. 45.054. Failure to Attend School Proceedings – Continued: Class C misdemeanor (d) An individual commits an offense if the individual is a parent who fails to attend a hearing under this article after receiving notice under Subsection (c) that the individual's attendance is required. An offense under this subsection is a Class C misdemeanor. (e) On the commencement of proceedings under this article, the court shall inform the individual who is the subject of the hearing and the individual's parent in open court of the individual's expunction rights and provide the individual and the individual's parent with a written copy of Article 45.055.

CCP Art. 45.054. Failure to Attend School Proceedings – Continued: (f) In addition to any other order authorized by this article, the court may order the Department of Public Safety to suspend the driver's license or permit of the individual who is the subject of the hearing or, if the individual does not have a license or permit, to deny the issuance of a license or permit to the individual for a period specified by the court not to exceed 365 days. (g) A dispositional order under this article is effective for the period specified by the court in the order but may not extend beyond the 180th day after the date of the order or beyond the end of the school year in which the order was entered, whichever period is longer.

CCP Art. 45.054. Failure to Attend School Proceedings – Continued: (h) In this article, "parent" includes a person standing in parental relation.

§ PC 42.06. False Alarm or Report. Statute text circulates (a) A person commits an offense if he knowingly initiates, communicates or circulates a report of a present, past, or future bombing, fire, offense, or other emergency that he knows is false or baseless and that would ordinarily: (1) cause action by an official or volunteer agency organized to deal with emergencies; (2) place a person in fear of imminent serious bodily injury; or

§ PC 42.06. False Alarm or Report – Continued: (a) (3) prevent or interrupt the occupation of a building, room, place of assembly, place to which the public has access, or aircraft, automobile, or other mode of conveyance. Class A misdemeanor (b) An offense under this section is a Class A misdemeanor unless the false report is of an emergency involving a public primary or secondary school, public communications, public transportation, public water, gas, or power supply or other public service, in which event the offense is a state jail felony.

§ 46.08. Hoax Bombs. Statute text (a) A person commits an offense if the person knowingly manufactures, sells, purchases, transports, or possesses a hoax bomb with intent to use the hoax bomb to: (1) make another believe that the hoax bomb is an explosive or incendiary device; or (2) cause alarm or reaction of any type by an official of a public safety agency or volunteer agency organized to deal with emergencies. Class A misdemeanor (b) An offense under this section is a Class A misdemeanor.

§ FC 261.001. Definitions (Child Abuse – Child Neglect): Statute text In this chapter: (1) "Abuse" includes the following acts or omissions by a person: (A) mental or emotional injury to a child that results in an observable and material impairment in the child's growth, development, or psychological functioning; (B) causing or permitting the child to be in a situation in which the child sustains a mental or emotional injury that results in an observable and material impairment in the child's growth, development, or psychological functioning;

§ FC 261.001. Definitions (Child Abuse – Child Neglect) - Continued: (C) physical injury that results in substantial harm to the child, or the genuine threat of substantial harm from physical injury to the child, including an injury that is at variance with the history or explanation given and excluding an accident or reasonable discipline by a parent, guardian, or managing or possessory conservator that does not expose the child to a substantial risk of harm; (D) failure to make a reasonable effort to prevent an action by another person that results in physical injury that results in substantial harm to the child;

§ FC 261.001. Definitions (Child Abuse – Child Neglect) - Continued: (E) sexual conduct harmful to a child's mental, emotional, or physical welfare, including conduct that constitutes the offense of indecency with a child under Section 21.11, Penal Code, sexual assault under Section 22.011, Penal Code, or aggravated sexual assault under Section 22.021, Penal Code; (F) failure to make a reasonable effort to prevent sexual conduct harmful to a child; (G) compelling or encouraging the child to engage in sexual conduct as defined by Section 43.01, Penal Code;

§ FC 261.001. Definitions (Child Abuse – Child Neglect) - Continued: (H) causing, permitting, encouraging, engaging in, or allowing the photographing, filming, or depicting of the child if the person knew or should have known that the resulting photograph, film, or depiction of the child is obscene as defined by Section 43.21, Penal Code, or pornographic; (I) the current use by a person of a controlled substance as defined by Chapter 481, Health and Safety Code, in a manner or to the extent that the use results in physical, mental, or emotional injury to a child;

§ FC 261.001. Definitions (Child Abuse – Child Neglect) - Continued: (J) causing, expressly permitting, or encouraging a child to use a controlled substance as defined by Chapter 481, Health and Safety Code; or (K) causing, permitting, encouraging, engaging in, or allowing a sexual performance by a child as defined by Section 43.25, Penal Code. (2) "Department" means the Department of Family and Protective Services. (3) "Designated agency" means the agency designated by the court as responsible for the protection of children. (4) "Neglect" includes:

§ FC 261.001. Definitions (Child Abuse – Child Neglect) - Continued: (4) (A) the leaving of a child in a situation where the child would be exposed to a substantial risk of physical or mental harm, without arranging for necessary care for the child, and the demonstration of an intent not to return by a parent, guardian, or managing or possessory conservator of the child; (B) the following acts or omissions by a person: (i) placing a child in or failing to remove a child from a situation that a reasonable person would realize requires judgment or actions beyond the child's level of maturity, physical condition, or mental abilities and that results in bodily injury or a substantial risk of immediate harm to the child;

§ FC 261.001. Definitions (Child Abuse – Child Neglect) - Continued: (4) (B)(ii) failing to seek, obtain, or follow through with medical care for a child, with the failure resulting in or presenting a substantial risk of death, disfigurement, or bodily injury or with the failure resulting in an observable and material impairment to the growth, development, or functioning of the child; (iii) the failure to provide a child with food, clothing, or shelter necessary to sustain the life or health of the child, excluding failure caused primarily by financial inability unless relief services had been offered and refused;

§ FC 261.001. Definitions (Child Abuse – Child Neglect) - Continued: (4) (B)(iv) placing a child in or failing to remove the child from a situation in which the child would be exposed to a substantial risk of sexual conduct harmful to the child; or (v) placing a child in or failing to remove the child from a situation in which the child would be exposed to acts or omissions that constitute abuse under Subdivision (1)(E), (F), (G) or (K) committed against another child; or

§ FC 261.001. Definitions (Child Abuse – Child Neglect) - Continued: (4) (C) the failure by the person responsible for a child's care, custody, or welfare to permit the child to return to the child's home without arranging for the necessary care for the child after the child has been absent from the home for any reason, including having been in residential placement or having run away. (5) "Person responsible for a child's care, custody, or welfare" means a person who traditionally is responsible for a child's care, custody, or welfare, including: (A) a parent, guardian, managing or possessory conservator, or foster parent of the child;

§ FC 261.001. Definitions (Child Abuse – Child Neglect) - Continued: (5) (B) a member of the child's family or household as defined by Chapter 71; (C) a person with whom the child's parent cohabits; (D) school personnel or a volunteer at the child's school; or (E) personnel or a volunteer at a public or private child-care facility that provides services for the child or at a public or private residential institution or facility where the child resides. (6) "Report" means a report that alleged or suspected abuse or neglect of a child has occurred or may occur.

§ FC 261.001. Definitions (Child Abuse – Child Neglect) - Continued: (7) "Board" means the Board of Protective and Regulatory Services. (8) "Born addicted to alcohol or a controlled substance" means a child: (A) who is born to a mother who during the pregnancy used a controlled substance, as defined by Chapter 481, Health and Safety Code, other than a controlled substance legally obtained by prescription, or alcohol; and (B) who, after birth as a result of the mother's use of the controlled substance or alcohol: (i) experiences observable withdrawal from the alcohol or controlled substance;

§ FC 261.001. Definitions (Child Abuse – Child Neglect) - Continued: (8) (B) who, after birth as a result of the mother's use of the controlled substance or alcohol: (ii) exhibits observable or harmful effects in the child's physical appearance or functioning; or (iii) exhibits the demonstrable presence of alcohol or a controlled substance in the child's bodily fluids.

§ FC 261.102. Matters to Be Reported. Statute text A report should reflect the reporter's belief that a child has been or may be abused or neglected or has died of abuse or neglect.

§ FC 261.103. Report Made to Appropriate Agency (a) Except as provided by Subsections (b) and (c) and Section 261.405, a report shall be made to: (1) any local or state law enforcement agency; (2) the department; (3) the state agency that operates, licenses, certifies, or registers the facility in which the alleged abuse or neglect occurred; or (4) the agency designated by the court to be responsible for the protection of children.

§ FC 261.103. Report Made to Appropriate Agency – Continued: (b) A report may be made to the Texas Youth Commission instead of the entities listed under Subsection (a) if the report is based on information provided by a child while under the supervision of the commission concerning the child's alleged abuse of another child. (c) Notwithstanding Subsection (a), a report, other than a report under Subsection (a)(3) or Section 261.405, must be made to the department if the alleged or suspected abuse or neglect involves a person responsible for the care, custody, or welfare of the child.

§ FC 261.104. Contents of Report. Statute text The person making a report shall identify, if known: (1) the name and address of the child; (2) the name and address of the person responsible for the care, custody, or welfare of the child; and (3) any other pertinent information concerning the alleged or suspected abuse or neglect.

§ FC 261.107. False Report; Criminal Penalty; Civil Penalty. Statute text felony of the third degree (a) A person commits an offense if, with the intent to deceive, the person knowingly makes a report as provided in this chapter that is false. An offense under this subsection is a state jail felony unless it is shown on the trial of the offense that the person has previously been convicted under this section, in which case the offense is a felony of the third degree.

§ FC 261.107. False Report; Criminal Penalty; Civil Penalty – Continued: (b) A finding by a court in a suit affecting the parent- child relationship that a report made under this chapter before or during the suit was false or lacking factual foundation may be grounds for the court to modify an order providing for possession of or access to the child who was the subject of the report by restricting further access to the child by the person who made the report. (c) The appropriate county prosecuting attorney shall be responsible for the prosecution of an offense under this section.

§ FC 261.107. False Report; Criminal Penalty; Civil Penalty – Continued: (d) The court shall order a person who is convicted of an offense under Subsection (a) to pay any reasonable attorney's fees incurred by the person who was falsely accused of abuse or neglect in any proceeding relating to the false report. (e) A person who engages in conduct described by Subsection (a) is liable to the state for a civil penalty of $1,000. The attorney general shall bring an action to recover a civil penalty authorized by this subsection.

§ FC 261.109. Failure to Report; Penalty. Statute text (a) A person commits an offense if the person has cause to believe that a child's physical or mental health or welfare has been or may be adversely affected by abuse or neglect and knowingly fails to report as provided in this chapter. Class B misdemeanor (b) An offense under this section is a Class B misdemeanor.

§ 21.11. Indecency with a Child. Statute text (a) A person commits an offense if, with a child younger than 17 years and not the person's spouse, whether the child is of the same or opposite sex, the person: (1) engages in sexual contact with the child or causes the child to engage in sexual contact; or (2) with intent to arouse or gratify the sexual desire of any person: (A) exposes the person's anus or any part of the person's genitals, knowing the child is present; or

§ 21.11. Indecency with a Child – Continued: (2) (B) causes the child to expose the child's anus or any part of the child's genitals. (b) It is an affirmative defense to prosecution under this section that the actor: (1) was not more than three years older than the victim and of the opposite sex; (2) did not use duress, force, or a threat against the victim at the time of the offense; and (3) at the time of the offense: (A) was not required under Chapter 62, Code of Criminal Procedure, to register for life as a sex offender; or

§ 21.11. Indecency with a Child – Continued: (b) (3) (B) was not a person who under Chapter 62 had a reportable conviction or adjudication for an offense under this section. (c) In this section, "sexual contact" means the following acts, if committed with the intent to arouse or gratify the sexual desire of any person: (1) any touching by a person, including touching through clothing, of the anus, breast, or any part `of the genitals of a child; or

§ 21.11. Indecency with a Child – Continued: (b) (3) (B) was not a person who under Chapter 62 had a reportable conviction or adjudication for an offense under this section. (c)(2) any touching of any part of the body of a child, including touching through clothing, with the anus, breast, or any part of the genitals of a person. felony of the third degree (d) An offense under Subsection (a)(1) is a felony of the second degree and an offense under Subsection (a)(2) is a felony of the third degree.

§ PC 22.10. Leaving a Child in a Vehicle. Statute text (a) A person commits an offense if he intentionally or knowingly leaves a child in a motor vehicle for longer than five minutes, knowing that the child is: (1) younger than seven years of age; and (2) not attended by an individual in the vehicle who is 14 years of age or older. Class C misdemeanor (b) An offense under this section is a Class C misdemeanor.

§ FC 51.03. Delinquent Conduct; Conduct Indicating a Need for Supervision. Statute text (a) Delinquent conduct is: (1) conduct, other than a traffic offense, that violates a penal law of this state or of the United States punishable by imprisonment or by confinement in jail; (2) conduct that violates a lawful order of a court under circumstances that would constitute contempt of that court in: (A) a justice or municipal court; or

§ FC 51.03. Delinquent Conduct; Conduct Indicating a Need for Supervision – Continued: (a) (2) (B) a county court for conduct punishable only by a fine; (3) conduct that violates Section 49.04, 49.05, 49.06, 49.07, or 49.08, Penal Code; or (4) conduct that violates Section 106.041, Alcoholic Beverage Code, relating to driving under the influence of alcohol by a minor (third or subsequent offense). (b) Conduct indicating a need for supervision is: (1) subject to Subsection (f), conduct, other than a traffic offense, that violates:

§ FC 51.03. Delinquent Conduct; Conduct Indicating a Need for Supervision – Continued: (b) (1) (A) the penal laws of this state of the grade of misdemeanor that are punishable by fine only; or (B) the penal ordinances of any political subdivision of this state; (2) the absence of a child on 10 or more days or parts of days within a six-month period in the same school year or on three or more days or parts of days within a four-week period from school;

§ FC 51.03. Delinquent Conduct; Conduct Indicating a Need for Supervision – Continued: (b) (3) the voluntary absence of a child from the child's home without the consent of the child's parent or guardian for a substantial length of time or without intent to return; (4) conduct prohibited by city ordinance or by state law involving the inhalation of the fumes or vapors of paint and other protective coatings or glue and other adhesives and the volatile chemicals itemized in Section 484.002, Health and Safety Code;

§ FC 51.03. Delinquent Conduct; Conduct Indicating a Need for Supervision – Continued: (b) (5) an act that violates a school district's previously communicated written standards of student conduct for which the child has been expelled under Section 37.007, Education Code; or (6) conduct that violates a reasonable and lawful order of a court entered under Section 264.305. (c) Nothing in this title prevents criminal proceedings against a child for perjury.

§ FC 51.03. Delinquent Conduct; Conduct Indicating a Need for Supervision – Continued: (d) It is an affirmative defense to an allegation of conduct under Subsection (b)(2) that one or more of the absences required to be proven under that subsection have been excused by a school official or by the court or that one or more of the absences were involuntary, but only if there is an insufficient number of unexcused or voluntary absences remaining to constitute conduct under Subsection (b)(2). The burden is on the respondent to show by a preponderance of the evidence that the absence has been or should be excused or that the absence was involuntary. A decision by the court to excuse an absence for purposes of this subsection does not affect the ability of the school district to determine whether to excuse the absence for another purpose.

§ FC 51.03. Delinquent Conduct; Conduct Indicating a Need for Supervision – Continued: (e) For the purposes of Subsection (b)(3), "child" does not include a person who is married, divorced, or widowed. (f) Except as provided by Subsection (g), conduct described under Subsection (b)(1), other than conduct that violates Section 49.02, Penal Code, prohibiting public intoxication, does not constitute conduct indicating a need for supervision unless the child has been referred to the juvenile court under Section 51.08(b).

§ FC 51.03. Delinquent Conduct; Conduct Indicating a Need for Supervision – Continued: (g) In a county with a population of less than 100,000, conduct described by Subsection (b)(1)(A) that violates Section 25.094, Education Code, is conduct indicating a need for supervision.

§ PC 42.01. Disorderly Conduct. Statute text (a) A person commits an offense if he intentionally or knowingly: (1) uses abusive, indecent, profane, or vulgar language in a public place, and the language by its very utterance tends to incite an immediate breach of the peace; (2) makes an offensive gesture or display in a public place, and the gesture or display tends to incite an immediate breach of the peace; (3) creates, by chemical means, a noxious and unreasonable odor in a public place;

§ PC 42.01. Disorderly Conduct – Continued: (a) (4) abuses or threatens a person in a public place in an obviously offensive manner; (5) makes unreasonable noise in a public place other than a sport shooting range, as defined by Section 250.001, Local Government Code, or in or near a private residence that he has no right to occupy; (6) fights with another in a public place; (7) discharges a firearm in a public place other than a public road or a sport shooting range, as defined by Section 250.001, Local Class B misdemeanor) Government Code; (Class B misdemeanor)

§ PC 42.01. Disorderly Conduct – Continued: Class B misdemeanor) (a) (8) displays a firearm or other deadly weapon in a public place in a manner calculated to alarm; (Class B misdemeanor) (9) discharges a firearm on or across a public road; (10) exposes his anus or genitals in a public place and is reckless about whether another may be present who will be offended or alarmed by his act; or

§ PC 42.01. Disorderly Conduct – Continued: (a) (11) for a lewd or unlawful purpose: (A) enters on the property of another and looks into a dwelling on the property through any window or other opening in the dwelling; (B) while on the premises of a hotel or comparable establishment, looks into a guest room not the person's own through a window or other opening in the room; or (C) while on the premises of a public place, looks into an area such as a restroom or shower stall or changing or dressing room that is designed to provide privacy to a person using the area.

§ PC 42.01. Disorderly Conduct – Continued: (b)It is a defense to prosecution under Subsection (a)(4) that the actor had significant provocation for his abusive or threatening conduct. (c)For purposes of this section: (1) an act is deemed to occur in a public place or near a private residence if it produces its offensive or proscribed consequences in the public place or near a private residence; and (2) a noise is presumed to be unreasonable if the noise exceeds a decibel level of 85 after the person making the noise receives notice peace officer from a magistrate or peace officer that the noise is a public nuisance.

§ PC 42.01. Disorderly Conduct – Continued: Class C misdemeanor Class B misdemeanor (d) An offense under this section is a Class C misdemeanor unless committed under Subsection (a)(7) or (a)(8), in which event it is a Class B misdemeanor. (e) It is a defense to prosecution for an offense under Subsection (a)(7) or (a)(9) that the person who discharged the firearm had a reasonable fear of bodily injury to the person or to another by a dangerous wild animal as defined by Section 822.101, Health and Safety Code.

§ EC 37.122. Possession of Intoxicants on Public School Grounds. Statute text (a) A person commits an offense if the person possesses an intoxicating beverage for consumption, sale, or distribution while: (1) on the grounds or in a building of a public school; or (2) entering or inside any enclosure, field, or stadium where an athletic event sponsored or participated in by a public school of this state is being held.

§ EC 37.122. Possession of Intoxicants on Public School Grounds – Continued: (b) An officer of this state who sees a person violating this section shall immediately seize the intoxicating beverage and, within a reasonable time, deliver it to the county or district attorney to be held as evidence until the trial of the accused possessor. Class C misdemeanor (c) An offense under this section is a Class C misdemeanor.

§ EC 37.123. Disruptive Activities. Statute text (a) A person commits an offense if the person, alone or in concert with others, intentionally engages in disruptive activity on the campus or property of any private or public school. (b) For purposes of this section, disruptive activity is: (1) obstructing or restraining the passage of persons in an exit, entrance, or hallway of a building without the authorization of the administration of the school;

§ EC 37.123. Disruptive Activities – Continued: (b) (2) seizing control of a building or portion of a building to interfere with an administrative, educational, research, or other authorized activity; (3) preventing or attempting to prevent by force or violence or the threat of force or violence a lawful assembly authorized by the school administration so that a person attempting to participate in the assembly is unable to participate due to the use of force or violence or due to a reasonable fear that force or violence is likely to occur;

§ EC 37.123. Disruptive Activities – Continued: (b) (4) disrupting by force or violence or the threat of force or violence a lawful assembly in progress; or (5) obstructing or restraining the passage of a person at an exit or entrance to the campus or property or preventing or attempting to prevent by force or violence or by threats of force or violence the ingress or egress of a person to or from the property or campus without the authorization of the administration of the school. Class B misdemeanor (c) An offense under this section is a Class B misdemeanor.

§ EC 37.123. Disruptive Activities – Continued: (d) Any person who is convicted the third time of violating this section is ineligible to attend any institution of higher education receiving funds from this state before the second anniversary of the third conviction. (e) This section may not be construed to infringe on any right of free speech or expression guaranteed by the constitution of the United States or of this state.

§ EC 37.124. Disruption of Classes. Statute text (a) A person commits an offense if the person, on school property or on public property within 500 feet of school property, alone or in concert with others, intentionally disrupts the conduct of classes or other school activities. (b) An offense under this section is a Class C misdemeanor. (c) In this section: (1) "Disrupting the conduct of classes or other school activities" includes:

§ EC 37.124. Disruption of Classes – Continued: (c) (1) (A) emitting noise of an intensity that prevents or hinders classroom instruction; (B) enticing or attempting to entice a student away from a class or other school activity that the student is required to attend; (C) preventing or attempting to prevent a student from attending a class or other school activity that the student is required to attend; and

§ EC 37.124. Disruption of Classes – Continued: (c) (1) (D) entering a classroom without the consent of either the principal or the teacher and, through either acts of misconduct or the use of loud or profane language, disrupting class activities. (2) "Public property" includes a street, highway, alley, public park, or sidewalk. (3) "School property" includes a public school campus or school grounds on which a public school is located and any grounds or buildings used by a school for an assembly or other school-sponsored activity.

§ PC 42.02. Riot. Statute text (a) For the purpose of this section, "riot" means the assemblage of seven or more persons resulting in conduct which: (1) creates an immediate danger of damage to property or injury to persons; (2) substantially obstructs law enforcement or other governmental functions or services; or (3) by force, threat of force, or physical action deprives any person of a legal right or disturbs any person in the enjoyment of a legal right.

§ PC 42.02. Riot –Continued: (b) A person commits an offense if he knowingly participates in a riot. (c) It is a defense to prosecution under this section that the assembly was at first lawful and when one of those assembled manifested an intent to engage in conduct enumerated in Subsection (a), the actor retired from the assembly. (d) It is no defense to prosecution under this section that another who was a party to the riot has been acquitted, has not been arrested, prosecuted, or convicted, has been convicted of a different offense or of a different type or class of offense, or is immune from prosecution.

§ PC 42.02. Riot –Continued: Class B misdemeanor (e) Except as provided in Subsection (f), an offense under this section is a Class B misdemeanor. (f) An offense under this section is an offense of the same classification as any offense of a higher grade committed by anyone engaged in the riot if the offense was: (1) in the furtherance of the purpose of the assembly; or (2) an offense which should have been anticipated as a result of the assembly.

§ PC 42.05. Disrupting Meeting or Procession. Statute text (a) A person commits an offense if, with intent to prevent or disrupt a lawful meeting, procession, or gathering, he obstructs or interferes with the meeting, procession, or gathering by physical action or verbal utterance. Class B misdemeanor (b) An offense under this section is a Class B misdemeanor.

§ EC 37.016. Report of Drug Offenses; Liability. Statute text A teacher, school administrator, or school employee is not liable in civil damages for reporting to a school administrator or governmental authority, in the exercise of professional judgment within the scope of the teacher's, administrator's, or employee's duties, a student whom the teacher suspects of using, passing, or selling, on school property: (1) marihuana or a controlled substance, as defined by Chapter 481, Health and Safety Code;

§ EC 37.016. Report of Drug Offenses; Liability – Continued: (2) a dangerous drug, as defined by Chapter 483, Health and Safety Code; (3) an abusable glue or aerosol paint, as defined by Chapter 485, Health and Safety Code, or a volatile chemical, as listed in Chapter 484, Health and Safety Code, if the substance is used or sold for the purpose of inhaling its fumes or vapors; or (4) an alcoholic beverage, as defined by Section 1.04, Alcoholic Beverage Code.

§ PC 42.07. Harassment. Statute text (a) A person commits an offense if, with intent to harass, annoy, alarm, abuse, torment, or embarrass another, he: (1) initiates communication by telephone, in writing, or by electronic communication and in the course of the communication makes a comment, request, suggestion, or proposal that is obscene;

§ PC 42.07. Harassment – Continued: (a)(2) threatens, by telephone, in writing, or by electronic communication, in a manner reasonably likely to alarm the person receiving the threat, to inflict bodily injury on the person or to commit a felony against the person, a member of his family or household, or his property; (3) conveys, in a manner reasonably likely to alarm the person receiving the report, a false report, which is known by the conveyor to be false, that another person has suffered death or serious bodily injury;

§ PC 42.07. Harassment – Continued: (a)(4) causes the telephone of another to ring repeatedly or makes repeated telephone communications anonymously or in a manner reasonably likely to harass, annoy, alarm, abuse, torment, embarrass, or offend another; (5) makes a telephone call and intentionally fails to hang up or disengage the connection; (6) knowingly permits a telephone under the person's control to be used by another to commit an offense under this section; or

§ PC 42.07. Harassment – Continued: (a)(7) sends repeated electronic communications in a manner reasonably likely to harass, annoy, alarm, abuse, torment, embarrass, or offend another. (b) In this section: (1) "Electronic communication" means a transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic, or photo- optical system. The term includes:

§ PC 42.07. Harassment – Continued: (b)(1)(A) a communication initiated by electronic mail, instant message, network call, or facsimile machine; and (B) a communication made to a pager. (2) "Family" and "household" have the meaning assigned by Chapter 71, Family Code. (3) "Obscene" means containing a patently offensive description of or a solicitation to commit an ultimate sex act, including sexual intercourse, masturbation, cunnilingus, fellatio, or anilingus, or a description of an excretory function.

§ PC 42.07. Harassment – Continued: Class B misdemeanor Class A misdemeanor (c) An offense under this section is a Class B misdemeanor, except that the offense is a Class A misdemeanor if the actor has previously been convicted under this section.

§ EC 37.151. Definitions. Statute text In this subchapter: (1) "Educational institution" includes a public or private high school. (2) "Pledge" means any person who has been accepted by, is considering an offer of membership from, or is in the process of qualifying for membership in an organization. (3) "Pledging" means any action or activity related to becoming a member of an organization. (4) "Student" means any person who:

§ EC 37.151. Definitions – Continued: (4) (A) is registered in or in attendance at an educational institution; (B) has been accepted for admission at the educational institution where the hazing incident occurs; or (C) intends to attend an educational institution during any of its regular sessions after a period of scheduled vacation. (5) "Organization" means a fraternity, sorority, association, corporation, order, society, corps, club, or service, social, or similar group, whose members are primarily students.

§ EC 37.151. Definitions – Continued: Hazing (6) "Hazing" means any intentional, knowing, or reckless act, occurring on or off the campus of an educational institution, by one person alone or acting with others, directed against a student, that endangers the mental or physical health or safety of a student for the purpose of pledging, being initiated into, affiliating with, holding office in, or maintaining membership in an organization. The term includes: (A) any type of physical brutality, such as whipping, beating, striking, branding, electronic shocking, placing of a harmful substance on the body, or similar activity;

§ EC 37.151. Definitions – Continued: (6) (B) any type of physical activity, such as sleep deprivation, exposure to the elements, confinement in a small space, calisthenics, or other activity that subjects the student to an unreasonable risk of harm or that adversely affects the mental or physical health or safety of the student; (C) any activity involving consumption of a food, liquid, alcoholic beverage, liquor, drug, or other substance that subjects the student to an unreasonable risk of harm or that adversely affects the mental or physical health or safety of the student;

§ EC 37.151. Definitions – Continued: (6) (D) any activity that intimidates or threatens the student with ostracism, that subjects the student to extreme mental stress, shame, or humiliation, that adversely affects the mental health or dignity of the student or discourages the student from entering or remaining registered in an educational institution, or that may reasonably be expected to cause a student to leave the organization or the institution rather than submit to acts described in this subdivision; and (E) any activity that induces, causes, or requires the student to perform a duty or task that involves a violation of the Penal Code.

§ EC 37.152. Personal Hazing Offense. Statute text (a) A person commits an offense if the person: (1) engages in hazing; (2) solicits, encourages, directs, aids, or attempts to aid another in engaging in hazing; (3) recklessly permits hazing to occur; or

§ EC 37.152. Personal Hazing Offense – Continued: (a) (4) has firsthand knowledge of the planning of a specific hazing incident involving a student in an educational institution, or has firsthand knowledge that a specific hazing incident has occurred, and knowingly fails to report that knowledge in writing to the dean of students or other appropriate official of the institution. Class B misdemeanor (b) The offense of failing to report is a Class B misdemeanor. (c) Any other offense under this section that does not cause serious bodily injury to another is a Class B misdemeanor.

§ EC 37.152. Personal Hazing Offense – Continued: Class A misdemeanor (d) Any other offense under this section that causes serious bodily injury to another is a Class A misdemeanor. state jail felony (e) Any other offense under this section that causes the death of another is a state jail felony. (f) Except if an offense causes the death of a student, in sentencing a person convicted of an offense under this section, the court may require the person to perform community service, subject to the same conditions imposed on a person placed on community supervision under Section 11, Article 42.12, Code of Criminal Procedure, for an appropriate period of time in lieu of confinement in county jail or in lieu of a part of the time the person is sentenced to confinement in county jail.

§ EC 37.153. Organization Hazing Offense. Statute text (a) An organization commits an offense if the organization condones or encourages hazing or if an officer or any combination of members, pledges, or alumni of the organization commits or assists in the commission of hazing. (b) An offense under this section is a misdemeanor punishable by: (1) a fine of not less than $5,000 nor more than $10,000; or

§ EC 37.153. Organization Hazing Offense – Continued: (b) (2) if the court finds that the offense caused personal injury, property damage, or other loss, a fine of not less than $5,000 nor more than double the amount lost or expenses incurred because of the injury, damage, or loss.

§ EC 37.015. Reports to Local Law Enforcement; Liability. Statute text (a) The principal of a public or private primary or secondary school, or a person designated by the principal under Subsection (d), shall notify any school district police department and the police department of the municipality in which the school is located or, if the school is not in a municipality, the sheriff of the county in which the school is located if the principal has reasonable grounds to believe that any of the following activities occur in school, on school property, or at a school-sponsored or school-related activity on or off school property, whether or not the activity is investigated by school security officers:

§ EC 37.015. Reports to Local Law Enforcement; Liability – Continued: (a) (1) conduct that may constitute an offense listed under Section 508.149, Government Code; (2) deadly conduct under Section 22.05, Penal Code; (3) a terroristic threat under Section 22.07, Penal Code; (4) the use, sale, or possession of a controlled substance, drug paraphernalia, or marihuana under Chapter 481, Health and Safety Code;

§ EC 37.015. Reports to Local Law Enforcement; Liability – Continued: (a) (5) the possession of any of the weapons or devices listed under Sections 46.01(1)-(14) or Section 46.01(16), Penal Code; (6) conduct that may constitute a criminal offense under Section 71.02, Penal Code; or (7) conduct that may constitute a criminal offense for which a student may be expelled under Section 37.007(a), (d), or (e). (b) A person who makes a notification under this section shall include the name and address of each student the person believes may have participated in the activity.

§ EC 37.015. Reports to Local Law Enforcement; Liability – Continued: (c) A notification is not required under Subsection (a) if the person reasonably believes that the activity does not constitute a criminal offense. (d) The principal of a public or private primary or secondary school may designate a school employee who is under the supervision of the principal to make the reports required by this section. (e) The person who makes the notification required under Subsection (a) shall also notify each instructional or support employee of the school who has regular contact with a student whose conduct is the subject of the notice. (f) A person is not liable in civil damages for reporting in good faith as required by this section.

§ PC 9.62. Educator - Student. Statute text The use of force, but not deadly force, against a person is justified: (1) if the actor is entrusted with the care, supervision, or administration of the person for a special purpose; and (2) when and to the degree the actor reasonably believes the force is necessary to further the special purpose or to maintain discipline in a group.

§ EC 34.004. Standing Children. Statute text A school district may not require or allow a child to stand on a school bus or passenger van that is in motion.

§ EC 37.108. Multi-hazard Emergency Operations Plan; Security Audit. Statute text (a) Each school district shall adopt and implement a multi-hazard emergency operations plan for use in district schools. The plan must address mitigation, preparedness, response, and recovery as defined by the commissioner in conjunction with the governor's office of homeland security. The plan must provide for: (1) district employee training in responding to an emergency;

§ EC 37.108. Multi-hazard Emergency Operations Plan; Security Audit – Continued: (a)(2) mandatory school drills to prepare district students and employees for responding to an emergency; (3) measures to ensure coordination with local emergency management agencies, law enforcement, and fire departments in the event of an emergency; and (4) the implementation of a security audit as required by Subsection (b).

§ EC 37.108. Multi-hazard Emergency Operations Plan; Security Audit – Continued: conduct a security audit (b) At least once every three years, a school district shall conduct a security audit of the district's facilities. To the extent possible, a district shall follow security audit procedures developed by the Texas School Safety Center or a comparable public or private entity. (c) A school district shall report the results of the security audit conducted under Subsection (b) to the district's board of trustees.

§ EC 37.107. Trespass on School Grounds. Statute text Class C misdemeanor An unauthorized person who trespasses on the grounds of any school district of this state commits an offense. An offense under this section is a Class C misdemeanor. See also PC 30.05 Criminal Trespass

§ PC 28.03. Criminal Mischief (Vandalism). Statute text (a) A person commits an offense if, without the effective consent of the owner: (1) he intentionally or knowingly damages or destroys the tangible property of the owner; (2) he intentionally or knowingly tampers with the tangible property of the owner and causes pecuniary loss or substantial inconvenience to the owner or a third person; or (3) he intentionally or knowingly makes markings, including inscriptions, slogans, drawings, or paintings, on the tangible property of the owner.

§ PC 28.03. Criminal Mischief (Vandalism) – Continued: (b) Except as provided by Subsections (f) and (h), an offense under this section is: Class C misdemeanor (1) a Class C misdemeanor if: (A) the amount of pecuniary loss is less than $50; or (B) except as provided in Subdivision (3)(A) or (3)(B), it causes substantial inconvenience to others; (2) a Class B misdemeanor if the amount of pecuniary loss is $50 or more but less than $500;

§ PC 28.03. Criminal Mischief (Vandalism) – Continued: Class A misdemeanor (b) (3) a Class A misdemeanor if: (A) the amount of pecuniary loss is: (i) $500 or more but less than $1,500; or (ii) less than $1,500 and the actor causes in whole or in part impairment or interruption of public communications, public transportation, public gas or power supply, or other public service, or causes to be diverted in whole, in part, or in any manner, including installation or removal of any device for any such purpose, any public communications or public gas or power supply; or

§ PC 28.03. Criminal Mischief (Vandalism) – Continued: (b) (3) (B) the actor causes in whole or in part impairment or interruption of any public water supply, or causes to be diverted in whole, in part, or in any manner, including installation or removal of any device for any such purpose, any public water supply, regardless of the amount of the pecuniary loss; state jail felony (4) a state jail felony if the amount of pecuniary loss is: (A) $1,500 or more but less than $20,000;

§ PC 28.03. Criminal Mischief (Vandalism) – Continued: (b)(4) (B) less than $1,500, if the property damaged or destroyed is a habitation and if the damage or destruction is caused by a firearm or explosive weapon; or (C) less than $1,500, if the property was a fence used for the production or containment of: (i) cattle, bison, horses, sheep, swine, goats, exotic livestock, or exotic poultry; or (ii) game animals as that term is defined by Section 63.001, Parks and Wildlife Code;

§ PC 28.03. Criminal Mischief (Vandalism) – Continued: (b)(5) a felony of the third degree if the amount of the pecuniary loss is $20,000 or more but less than $100,000; (6) a felony of the second degree if the amount of pecuniary loss is $100,000 or more but less than $200,000; or (7) a felony of the first degree if the amount of pecuniary loss is $200,000 or more.

§ PC 28.03. Criminal Mischief (Vandalism) – Continued: (c) For the purposes of this section, it shall be presumed that a person who is receiving the economic benefit of public communications, public water, gas, or power supply, has knowingly tampered with the tangible property of the owner if the communication or supply has been: (1) diverted from passing through a metering device; or (2) prevented from being correctly registered by a metering device; or (3) activated by any device installed to obtain public communications, public water, gas, or power supply without a metering device.

§ PC 28.03. Criminal Mischief (Vandalism) – Continued: (d) The terms "public communication, public transportation, public gas or power supply, or other public service" and "public water supply" shall mean, refer to, and include any such services subject to regulation by the Public Utility Commission of Texas, the Railroad Commission of Texas, or the Texas Natural Resource Conservation Commission or any such services enfranchised by the State of Texas or any political subdivision thereof.

§ PC 28.03. Criminal Mischief (Vandalism) – Continued: (e) When more than one item of tangible property, belonging to one or more owners, is damaged, destroyed, or tampered with in violation of this section pursuant to one scheme or continuing course of conduct, the conduct may be considered as one offense, and the amounts of pecuniary loss to property resulting from the damage to, destruction of, or tampering with the property may be aggregated in determining the grade of the offense.

§ PC 28.03. Criminal Mischief (Vandalism) – Continued: (f) An offense under this section is a state jail felony if the damage or destruction is inflicted on a place of worship or human burial, a public monument, or a community center that provides medical, social, or educational programs and the amount of the pecuniary loss to real property or to tangible personal property is less than $20,000.

§ PC 28.03. Criminal Mischief (Vandalism) – Continued: (g) In this section: (1) "Explosive weapon" means any explosive or incendiary device that is designed, made, or adapted for the purpose of inflicting serious bodily injury, death, or substantial property damage, or for the principal purpose of causing such a loud report as to cause undue public alarm or terror, and includes: (A) an explosive or incendiary bomb, grenade, rocket, and mine; (B) a device designed, made, or adapted for delivering or shooting an explosive weapon; and

§ PC 28.03. Criminal Mischief (Vandalism) – Continued: (C) a device designed, made, or adapted to start a fire in a time-delayed manner. (2) "Firearm" has the meaning assigned by Section 46.01. (3) "Institution of higher education" has the meaning assigned by Section 61.003, Education Code.

§ PC 28.03. Criminal Mischief (Vandalism) – Continued: state jail felony (h) An offense under this section is a state jail felony if the amount of the pecuniary loss to real property or to tangible personal property is $1,500 or more but less than $20,000 and the damage or destruction is inflicted on a public or private elementary school, secondary school, or institution of higher education. (i) Notwithstanding Subsection (b), an offense under this section is a felony of the first degree if the property is livestock and the damage is caused by introducing bovine spongiform encephalopathy, commonly known as mad cow disease, or a disease described by Section 161.041(a), Agriculture Code. In this subsection, "livestock" has the meaning assigned by Section 161.001, Agriculture Code.

§ EC 37.125. Exhibition of Firearms. Statute text (a) A person commits an offense if the person, by exhibiting, using, or threatening to exhibit or use a firearm, interferes with the normal use of a building or portion of a campus or of a school bus being used to transport children to or from school-sponsored activities of a private or public school. third degree felony (b) An offense under this section is a third degree felony.

§ PC 46.03. Places Weapons Prohibited. Statute text (a) A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm, illegal knife, club, or prohibited weapon listed in Section 46.05(a): (1) on the physical premises of a school or educational institution, any grounds or building on which an activity sponsored by a school or educational institution is being conducted, or a passenger transportation vehicle of a school or educational institution, whether the school or educational institution is public or private, unless pursuant to written regulations or written authorization of the institution;

§ PC 46.03. Places Weapons Prohibited – Continued: (a) (2) on the premises of a polling place on the day of an election or while early voting is in progress; (3) on the premises of any government court or offices utilized by the court, unless pursuant to written regulations or written authorization of the court; (4) on the premises of a racetrack; (5) in or into a secured area of an airport; or

§ PC 46.03. Places Weapons Prohibited – Continued: (a) (6) within 1,000 feet of premises the location of which is designated by the Texas Department of Criminal Justice as a place of execution under Article 43.19, Code of Criminal Procedure, on a day that a sentence of death is set to be imposed on the designated premises and the person received notice that: (A) going within 1,000 feet of the premises with a weapon listed under this subsection was prohibited; or (B) possessing a weapon listed under this subsection within 1,000 feet of the premises was prohibited.

§ PC 46.03. Places Weapons Prohibited – Continued: (b) It is a defense to prosecution under Subsections (a)(1)-(4) that the actor possessed a firearm while in the actual discharge of his official duties as a member of the armed forces or national guard or a guard employed by a penal institution, or an officer of the court. (c) In this section: (1) "Premises" has the meaning assigned by Section 46.035. (2) "Secured area" means an area of an airport terminal building to which access is controlled by the inspection of persons and property under federal law.

§ PC 46.03. Places Weapons Prohibited – Continued: (d) It is a defense to prosecution under Subsection (a)(5) that the actor possessed a firearm or club while traveling to or from the actor's place of assignment or in the actual discharge of duties as: (1) a member of the armed forces or national guard; (2) a guard employed by a penal institution; or (3) a security officer commissioned by the Texas Board of Private Investigators and Private Security Agencies if: (A) the actor is wearing a distinctive uniform; and

§ PC 46.03. Places Weapons Prohibited – Continued: (d)(3) (B) the firearm or club is in plain view. (4) [Deleted] (5) a security officer who holds a personal protection authorization under the Private Investigators and Private Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil Statutes). (e) It is a defense to prosecution under Subsection (a)(5) that the actor checked all firearms as baggage in accordance with federal or state law or regulations before entering a secured area.

§ PC 46.03. Places Weapons Prohibited – Continued: (f) It is not a defense to prosecution under this section that the actor possessed a handgun and was licensed to carry a concealed handgun under Subchapter H, Chapter 411, Government Code. (g) An offense under this section is a third degree felony. (h) It is a defense to prosecution under Subsection (a)(4) that the actor possessed a firearm or club while traveling to or from the actor's place of assignment or in the actual discharge of duties as a security officer commissioned by the Texas Board of Private Investigators and Private Security Agencies, if:

§ PC 46.03. Places Weapons Prohibited – Continued: (h) (1) the actor is wearing a distinctive uniform; and (2) the firearm or club is in plain view. (i) It is an exception to the application of Subsection (a)(6) that the actor possessed a firearm or club: (1) while in a vehicle being driven on a public road; or (2) at the actor's residence or place of employment.

§ PC 46.11. Penalty If Offense Committed Within Weapon-Free School Zone. Statute text (a) Except as provided by Subsection (b), the punishment prescribed for an offense under this chapter is increased to the punishment prescribed for the next highest category of offense if it is shown beyond a reasonable doubt on the trial of the offense that the actor committed the offense in a place that the actor knew was: (1) within 300 feet of the premises of a school; or (2) on premises where:

§ PC 46.11. Penalty If Offense Committed Within Weapon-Free School Zone – Continued: (a) (2) (A) an official school function is taking place; or (B) an event sponsored or sanctioned by the University Interscholastic League is taking place. (b) This section does not apply to an offense under Section 46.03(a)(1).

§ PC 46.11. Penalty If Offense Committed Within Weapon-Free School Zone – Continued: (c) In this section: (1) "Institution of higher education" and "premises" have the meanings assigned by Section 481.134, Health and Safety Code. (2) "School" means a private or public elementary or secondary school.

§ EC 38.006. TOBACCO ON SCHOOL PROPERTY. The board of trustees of a school district shall: (1)prohibit smoking or using tobacco products at a school-related or school-sanctioned activity on or off school property; (2) prohibit students from possessing tobacco products at a school-related or school- sanctioned activity on or off school property; and (3) ensure that school personnel enforce the policies on school property.

§ HSC 161.121. DEFINITIONS. In this subchapter: (1)"Church" means a facility that is owned by a religious organization and that is used primarily for religious services. (2) "Cigarette" has the meaning assigned by Section 154.001, Tax Code. (3) "School" means a private or public elementary or secondary school. (4) "Sign" means an outdoor medium, including a structure, display, light device, figure, painting, drawing, message, plaque, poster, or billboard, that is: (A) used to advertise or inform; and (B) visible from the main-traveled way of a street or highway.

§ HSC 161.121. DEFINITIONS –Continued: (5) "Tobacco product" has the meaning assigned by Section 155.001, Tax Code.

§ PC 48.01. SMOKING TOBACCO. Statute Text (a)A person commits an offense if he is in possession of a burning tobacco product or smokes tobacco in a facility of a public primary or secondary school or an elevator, enclosed theater or movie house, library, museum, hospital, transit system bus, or intrastate bus, as defined by Section 541.201, Transportation Code, plane, or train which is a public place.

§ PC 48.01. SMOKING TOBACCO – Continued: (b) It is a defense to prosecution under this section that the conveyance or public place in which the offense takes place does not have prominently displayed a reasonably sized notice that smoking is prohibited by state law in such conveyance or public place and that an offense is punishable by a fine not to exceed $500. (c) All conveyances and public places set out in Subsection (a) of Section 48.01 shall be equipped with facilities for extinguishment of smoking materials and it shall be a defense to prosecution under this section if the conveyance or public place within which the offense takes place is not so equipped.

§ PC 48.01. SMOKING TOBACCO – Continued: (d) It is an exception to the application of Subsection (a) if the person is in possession of the burning tobacco product or smokes tobacco exclusively within an area designated for smoking tobacco or as a participant in an authorized theatrical performance. (e) An area designated for smoking tobacco on a transit system bus or intrastate plane or train must also include the area occupied by the operator of the transit system bus, plane, or train. Class C misdemeanor (f) An offense under this section is punishable as a Class C misdemeanor.

§ HSC 161.082. SALE OF CIGARETTES OR TOBACCO PRODUCTS TO PERSONS YOUNGER THAN 18 YEARS OF AGE PROHIBITED; PROOF OF AGE REQUIRED. Statute Text (a) A person commits an offense if the person, with criminal negligence: (1) sells, gives, or causes to be sold or given a cigarette or tobacco product to someone who is younger than 18 years of age; or (2) sells, gives, or causes to be sold or given a cigarette or tobacco product to another person who intends to deliver it to someone who is younger than 18 years of age.

§ HSC 161.082. SALE OF CIGARETTES OR TOBACCO PRODUCTS TO PERSONS YOUNGER THAN 18 YEARS OF AGE PROHIBITED; PROOF OF AGE REQUIRED – Continued: (b) If an offense under this section occurs in connection with a sale by an employee of the owner of a store in which cigarettes or tobacco products are sold at retail, the employee is criminally responsible for the offense and is subject to prosecution. Class C misdemeanor (c) An offense under this section is a Class C misdemeanor.

§ HSC 161.082. SALE OF CIGARETTES OR TOBACCO PRODUCTS TO PERSONS YOUNGER THAN 18 YEARS OF AGE PROHIBITED; PROOF OF AGE REQUIRED – Continued: (d) It is a defense to prosecution under Subsection (a)(1) that the person to whom the cigarette or tobacco product was sold or given presented to the defendant apparently valid proof of identification. (e) A proof of identification satisfies the requirements of Subsection (d) if it contains a physical description and photograph consistent with the person's appearance, purports to establish that the person is 18 years of age or older, and was issued by a governmental agency. The proof of identification may include a driver's license issued by this state or another state, a passport, or an identification card issued by a state or the federal government.

§ HSC 161.252. POSSESSION, PURCHASE, CONSUMPTION, OR RECEIPT OF CIGARETTES OR TOBACCO PRODUCTS BY MINORS PROHIBITED. Statute Text (a) An individual who is younger than 18 years of age commits an offense if the individual: (1) possesses, purchases, consumes, or accepts a cigarette or tobacco product; or (2) falsely represents himself or herself to be 18 years of age or older by displaying proof of age that is false, fraudulent, or not actually proof of the individual's own age in order to obtain possession of, purchase, or receive a cigarette or tobacco product.

§ HSC 161.252. POSSESSION, PURCHASE, CONSUMPTION, OR RECEIPT OF CIGARETTES OR TOBACCO PRODUCTS BY MINORS PROHIBITED – Continued: (b) It is an exception to the application of this section that the individual younger than 18 years of age possessed the cigarette or tobacco product in the presence of: (1) an adult parent, a guardian, or a spouse of the individual; or (2) an employer of the individual, if possession or receipt of the tobacco product is required in the performance of the employee's duties as an employee.

§ HSC 161.252. POSSESSION, PURCHASE, CONSUMPTION, OR RECEIPT OF CIGARETTES OR TOBACCO PRODUCTS BY MINORS PROHIBITED – Continued: (c) It is an exception to the application of this section that the individual younger than 18 years of age is participating in an inspection or test of compliance in accordance with Section 161.088. (d) An offense under this section is punishable by a fine not to exceed $250.

§ HSC 481.121. Offense: Possession of Marihuana. Statute text (a) Except as authorized by this chapter, a person commits an offense if the person knowingly or intentionally possesses a usable quantity of marihuana. (b) An offense under Subsection (a) is: Class B misdemeanor (1) a Class B misdemeanor if the amount of marihuana possessed is two ounces or less; Class A misdemeanor (2) a Class A misdemeanor if the amount of marihuana possessed is four ounces or less but more than two ounces;

§ HSC 481.121. Offense: Possession of Marihuana – Continued: state jail felony (b) (3) a state jail felony if the amount of marihuana possessed is five pounds or less but more than four ounces; felony of the third degree (4) a felony of the third degree if the amount of marihuana possessed is 50 pounds or less but more than 5 pounds; felony of the second degree (5) a felony of the second degree if the amount of marihuana possessed is 2,000 pounds or less but more than 50 pounds; and

§ HSC 481.121. Offense: Possession of Marihuana – Continued: (b)(6) punishable by imprisonment in the institutional division of the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 5 years, and a fine not to exceed $50,000, if the amount of marihuana possessed is more than 2,000 pounds.

§ HSC 481.125. Offense: Possession or Delivery of Drug Paraphernalia. Statute text (a) A person commits an offense if the person knowingly or intentionally uses or possesses with intent to use drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, or conceal a controlled substance in violation of this chapter or to inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of this chapter.

§ HSC 481.125. Offense: Possession or Delivery of Drug Paraphernalia – Continued: (b) A person commits an offense if the person knowingly or intentionally delivers, possesses with intent to deliver, or manufactures with intent to deliver drug paraphernalia knowing that the person who receives or who is intended to receive the drug paraphernalia intends that it be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, or conceal a controlled substance in violation of this chapter or to inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of this chapter.

§ HSC 481.125. Offense: Possession or Delivery of Drug Paraphernalia – Continued: (c) A person commits an offense if the person commits an offense under Subsection (b), is 18 years of age or older, and the person who receives or who is intended to receive the drug paraphernalia is younger than 18 years of age and at least three years younger than the actor. Class C misdemeanor (d) An offense under Subsection (a) is a Class C misdemeanor.

§ HSC 481.125. Offense: Possession or Delivery of Drug Paraphernalia – Continued: Class A misdemeanor (e) An offense under Subsection (b) is a Class A misdemeanor, unless it is shown on the trial of a defendant that the defendant has previously been convicted under Subsection (b) or (c), in which event the offense is punishable by confinement in jail for a term of not more than one year or less than 90 days. state jail felony (f) An offense under Subsection (c) is a state jail felony.

HEALTH & SAFETY CODE - Subchapter D. Offenses and Penalties (possession & Use of Illegal Drugs). 481.101. Criminal Classification. 481.102. Penalty Group 1. 481.1021. Penalty Group 1-a. 481.103. Penalty Group 2. 481.104. Penalty Group 3. 481.105. Penalty Group 4. 481.106. Classification of Controlled Substance Analogue. 481.108. Preparatory Offenses. 481.111. Exemptions. 481.112. Offense: Manufacture or Delivery of Substance In Penalty Group 1.

HEALTH & SAFETY CODE - Subchapter D. Offenses and Penalties (possession & Use of Illegal Drugs). Substance In Penalty Group 1. 481.1121. Offense: Manufacture or Delivery of Substance In Penalty Group 1-a. 481.113. Offense: Manufacture or Delivery of Substance In Penalty Group 2. 481.114. Offense: Manufacture or Delivery of Substance In Penalty Group 3 or 4. 481.115. Offense: Possession of Substance In Penalty Group 1. 481.1151. Offense: Possession of Substance In Penalty Group 1-a. 481.116. Offense: Possession of Substance In

HEALTH & SAFETY CODE - Subchapter D. Offenses and Penalties (possession & Use of Illegal Drugs). Penalty Group 2. 481.117. Offense: Possession of Substance In Penalty Group 3. 481.118. Offense: Possession of Substance In Penalty Group 4. 481.119. Offense: Manufacture, Delivery, or Possession of Miscellaneous Substances. 481.120. Offense: Delivery of Marihuana. 481.121. Offense: Possession of Marihuana. 481.122. Offense: Delivery of Controlled Substance or Marihuana to Child. 481.123. Defense to Prosecution for Offense Involving Controlled Substance Analogue.

HEALTH & SAFETY CODE - Subchapter D. Offenses and Penalties (possession & Use of Illegal Drugs). Penalty Group 2 – Continued: 481.117. Offense: Possession of Substance In Penalty Group 3. 481.118. Offense: Possession of Substance In Penalty Group 4. 481.119. Offense: Manufacture, Delivery, or Possession of Miscellaneous Substances. 481.120. Offense: Delivery of Marihuana. 481.121. Offense: Possession of Marihuana. 481.122. Offense: Delivery of Controlled Substance or Marihuana to Child.

HEALTH & SAFETY CODE - Subchapter D. Offenses and Penalties (possession & Use of Illegal Drugs). Penalty Group 4 – Continued: 481.123. Defense to Prosecution for Offense Involving Controlled Substance Analogue. 481.124. Offense: Possession or Transport of Certain Chemicals With Intent to Manufacture Controlled Substance. 481.1245. Offense: Possession or Transport of Anhydrous Ammonia; Use of or Tampering with Equipment. 481.125. Offense: Possession or Delivery of Drug Paraphernalia. 481.126. Offense: Illegal Barter, Expenditure, or Investment.

HEALTH & SAFETY CODE - Subchapter D. Offenses and Penalties (possession & Use of Illegal Drugs). Penalty Group 4 – Continued: 481.127. Offense: Unauthorized Disclosure of Information. 481.128. Offense and Civil Penalty: Commercial Matters. 481.129. Offense: Fraud. 481.130. Penalties Under Other Law. 481.131. Offense: Diversion of Controlled Substance Property or Plant. 481.132. Multiple Prosecutions. 481.133. Offense: Falsification of Drug Test Results. 481.134. Drug-free Zones. 481.135. Maps as Evidence of Location or Area.

HEALTH & SAFETY CODE - Subchapter D. Offenses and Penalties (possession & Use of Illegal Drugs). Penalty Group 4 – Continued: 481.136. Offense: Unlawful Transfer or Receipt of Chemical Precursor. 481.137. Offense: Transfer of Precursor Substance for Unlawful Manufacture. 481.138. Offense: Unlawful Transfer or Receipt of Chemical Laboratory Apparatus. 481.139. Offense: Transfer of Chemical Laboratory Apparatus for Unlawful Manufacture. 481.140. Use of Child In Commission of Offense. 481.141. Manufacture or Delivery of Controlled Substance Causing Death or Serious Bodily Injury.

§ 58.001. Collection of Records of Children. Statute text (a) Law enforcement officers and other juvenile justice personnel shall collect information.

Similar presentations

Presentation on theme: "§ 58.001. Collection of Records of Children. Statute text (a) Law enforcement officers and other juvenile justice personnel shall collect information."— Presentation transcript:

Similar presentations

About project

Feedback

Log in

Auth with social network:

§ 58.001. Collection of Records of Children. Statute text (a) Law enforcement officers and other juvenile justice personnel shall collect information.

Similar presentations

Presentation on theme: "§ 58.001. Collection of Records of Children. Statute text (a) Law enforcement officers and other juvenile justice personnel shall collect information."— Presentation transcript:

Similar presentations

About project

Feedback