Texas Penal Code
Sec. 12.47. Penalty if Offense Committed Because of Bias or Prejudice.
Added by Acts 1993, 73rd Leg., ch. 987, Sec. 1, eff. Sept. 1, 1993.
Sec. 21.06. Homosexual Conduct.(a) A person commits an offense if he engages in deviate sexual intercourse with another individual of the same sex.
(b) An offense under this section is a Class C misdemeanor.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Sec. 43.01. Definitions.
(1) "Deviate sexual intercourse" means any contact between the genitals of one person and the mouth or anus of another person.
(2) "Prostitution" means the offense defined in Section 43.02.
(3) "Sexual contact" means any touching of the anus, breast, or any part of the genitals of another person with intent to arouse or gratify the sexual desire of any person.
(4) "Sexual conduct" includes deviate sexual intercourse, sexual contact, and sexual intercourse.
(5) "Sexual intercourse" means any penetration of the female sex organ
by the male sex organ.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1979, 66th Leg., p. 373, ch. 168, Sec. 2, eff. Aug. 27, 1979; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Sec. 43.25. Sexual Performance by a Child.
(1) "Sexual performance" means any performance or part thereof that includes sexual conduct by a child younger than 18 years of age.
(2) "Sexual conduct" means actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, sado-masochistic abuse, or lewd exhibition of the genitals.
(3) "Performance" means any play, motion picture, photograph, dance, or other visual representation that can be exhibited before an audience of one or more persons.
(4) "Produce" with respect to a sexual performance includes any conduct that directly contributes to the creation or manufacture of the sexual performance.
(5) "Promote" means to procure, manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, transmit, publish, distribute, circulate, disseminate, present, exhibit, or advertise or to offer or agree to do any of the above.
(6) "Simulated" means the explicit depiction of sexual conduct that creates the appearance of actual sexual conduct and during which a person engaging in the conduct exhibits any uncovered portion of the breasts, genitals, or buttocks.
(7) "Deviate sexual intercourse" has the meaning defined by Section 43.01.
(b) A person commits an offense if, knowing the character and content thereof, he employs, authorizes, or induces a child younger than 18 years of age to engage in sexual conduct or a sexual performance. A parent or legal guardian or custodian of a child younger than 18 years of age commits an offense if he consents to the participation by the child in a sexual performance.
(c) An offense under Subsection (b) is a felony of the second degree.
(d) A person commits an offense if, knowing the character and content of the material, he produces, directs, or promotes a performance that includes sexual conduct by a child younger than 18 years of age.
(e) An offense under Subsection (d) is a felony of the third degree.
(f) It is an affirmative defense to a prosecution under this section that:
(1) the defendant, in good faith, reasonably believed that the child who engaged in the sexual conduct was 18 years of age or older;
(2) the defendant was the spouse of the child at the time of the offense;
(3) the conduct was for a bona fide educational, medical, psychological, psychiatric, judicial, law enforcement, or legislative purpose; or
(4) the defendant is not more than two years older than the child.
(g) When it becomes necessary for the purposes of this section or Section 43.26 to determine whether a child who participated in sexual conduct was younger than 18 years of age, the court or jury may make this determination by any of the following methods:
(1) personal inspection of the child;
(2) inspection of the photograph or motion picture that shows the child engaging in the sexual performance;
(3) oral testimony by a witness to the sexual performance as to the age of the child based on the child's appearance at the time;
(4) expert medical testimony based on the appearance of the child engaging in the sexual performance; or
(5) any other method authorized by law or by the rules of evidence at common
Added by Acts 1977, 65th Leg., p. 1035, ch. 381, Sec. 1, eff. June 10, 1977. Amended by Acts 1979, 66th Leg., p. 1976, ch. 779, Sec. 1, eff. Sept. 1, 1979; Acts 1985, 69th Leg., ch. 530, Sec. 1, eff. Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Civil Practice and Remedies Code
Sec. 125.041. Definitions.
For the purposes of this subchapter, a public nuisance is considered to exist at a place if one or more of the following acts occurs at that place on a regular basis:
(1) gambling, gambling promotion, or communication of gambling information, as prohibited by Chapter 47, Penal Code;
(2) promotion or aggravated promotion of prostitution, as prohibited by Chapter 43, Penal Code;
(3) compelling prostitution, as prohibited by Chapter 43, Penal Code;
(4) commercial manufacture, commercial distribution, or commercial exhibition of material that is obscene, as defined by Section 43.21, Penal Code;
(5) commercial exhibition of a live dance or other act in which a person engages in real or simulated sexual intercourse or deviate sexual intercourse, as defined by Section 43.01, Penal Code;
(6) discharge of a firearm in violation of Section 42.01(a)(9), Penal Code;
(7) reckless discharge of a firearm as described by Section 42.12, Penal Code;
(8) engaging in organized criminal activity as a member of a combination as described by Section 71.02, Penal Code; or
(9) manufacture, delivery, or use of a controlled substance in violation
of Chapter 481, Health and Safety Code.
Added by Acts 1987, 70th Leg., ch. 959, Sec. 7, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 284(42), eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 857, Sec. 2, eff. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 968, Sec. 1, eff. Aug. 30, 1993; Acts 1995, 74th Leg., ch. 76, Sec. 14.08, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 318, Sec. 29, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 663, Sec. 6, eff. Sept. 1, 1995.
Texas Code of Criminal Procedure
Art. 42.014. Finding that offense was committed because of bias or prejudice.
Added by Acts 1993, 73rd Leg., ch. 987, Sec. 5, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 318, Sec. 50, eff. Sept. 1, 1995.
Art. 56.02. Crime victims' rights.
(1) the right to receive from law enforcement agencies adequate protection from harm and threats of harm arising from cooperation with prosecution efforts;
(2) the right to have the magistrate take the safety of the victim or his family into consideration as an element in fixing the amount of bail for the accused;
(3) the right, if requested, to be informed of relevant court proceedings and to be informed if those court proceedings have been canceled or rescheduled prior to the event;
(4) the right to be informed, when requested, by a peace officer concerning the defendant's right to bail and the procedures in criminal investigations and by the district attorney's office concerning the general procedures in the criminal justice system, including general procedures in guilty plea negotiations and arrangements, restitution, and the appeals and parole process;
(5) the right to provide pertinent information to a probation department conducting a presentencing investigation concerning the impact of the offense on the victim and his family by testimony, written statement, or any other manner prior to any sentencing of the offender;
(6) the right to receive information regarding compensation to victims of crime as provided by Subchapter B, Chapter 56, including information related to the costs that may be compensated under that Act and the amount of compensation, eligibility for compensation, and procedures for application for compensation under that Act, the payment for a medical examination under Article 56.06 of this code for a victim of a sexual assault, and when requested, to referral to available social service agencies that may offer additional assistance;
(7) the right to be informed, upon request, of parole procedures, to participate in the parole process, to be notified, if requested, of parole proceedings concerning a defendant in the victim's case, to provide to the Board of Pardons and Paroles for inclusion in the defendant's file information to be considered by the board prior to the parole of any defendant convicted of any crime subject to this Act, and to be notified, if requested, of the defendant's release;
(8) the right to be provided with a waiting area, separate or secure from other witnesses, including the offender and relatives of the offender, before testifying in any proceeding concerning the offender; if a separate waiting area is not available, other safeguards should be taken to minimize the victim's contact with the offender and the offender's relatives and witnesses, before and during court proceedings;
(9) the right to prompt return of any property of the victim that is held by a law enforcement agency or the attorney for the state as evidence when the property is no longer required for that purpose;
(10) the right to have the attorney for the state notify the employer of the victim, if requested, of the necessity of the victim's cooperation and testimony in a proceeding that may necessitate the absence of the victim from work for good cause; and
(11) the right to counseling, on request, regarding acquired immune deficiency syndrome (AIDS) and human immunodeficiency virus (HIV) infection and testing for acquired immune deficiency syndrome (AIDS), human immunodeficiency virus (HIV) infection, antibodies to HIV, or infection with any other probable causative agent of AIDS, if the offense is an offense under Section 21.11(a)(1), 22.011, or 22.021, Penal Code.
(b) A victim is entitled to the right to be present at all public court proceedings related to the offense, subject to the approval of the judge in the case.
(c) The office of the attorney representing the state, and the sheriff, police, and other law enforcement agencies shall ensure to the extent practicable that a victim, guardian of a victim, or close relative of a deceased victim is afforded the rights granted by Subsection (a) of this article and, on request, an explanation of those rights.
(d) A judge, attorney
for the state, peace officer, or law enforcement agency is not liable for
a failure or inability to provide a right enumerated in this article.
The failure or inability of any person to provide a right or service enumerated
in this article may not be used by a defendant in a criminal case as a
ground for appeal, a ground to set aside the conviction or sentence, or
a ground in a habeas corpus petition. A victim, guardian of a victim,
or close relative of a deceased victim does not have standing to participate
as a party in a criminal proceeding or to contest the disposition of any
Art. 42.12. [781d] Community supervision.
Sec. 13A. Community Supervision for Offense Committed Because of Bias or Prejudice.(a) A court granting community supervision to a defendant convicted of an offense for which the court has made an affirmative finding under Article 42.014 of this code shall require as a term of community supervision that the defendant:
(1) serve a term of not more than one year imprisonment in the institutional division of the Texas Department of Criminal Justice if the offense is a felony other than an offense under Section 19.02, Penal Code; or
(2) serve a term of not more than 90 days confinement in jail if the offense is a misdemeanor.
(b) The court may not grant community supervision on its own motion or on the recommendation of the jury to a defendant convicted of an offense for which the court has made an affirmative finding under Article 42.014 of this code if:
(1) the offense is murder under Section 19.02, Penal Code; or
(2) the defendant has
been previously convicted of an offense for which the court made an affirmative
finding under Article 42.014 of this code.
Text of Sec. 13B as added by Acts 1995, 74th Leg., ch. 83, Sec. 2
Art. 46A.01. Testing; segregation; disclosure.
(b) A county or municipality may test an inmate confined in the county or municipal jail or in a contract facility authorized by Article 5115d, Revised Statutes, or Article 5115e, Revised Statutes, to determine the proper medical treatment of the inmate or the proper social management of the inmate or other inmates in the jail or facility.
(c) If the county or municipality determines that an inmate has a positive test result for AIDS or HIV, the county or municipality may segregate the inmate from other inmates in the jail or facility.
(d) This article does
not provide a duty to test for AIDS or HIV, and a cause of action does
not arise under this article from a failure to test for AIDS or HIV.
Added by Acts 1989, 71st Leg., ch. 1195, Sec. 13, eff. Sept. 1, 1989. Sec. (a) amended by Acts 1991, 72nd Leg., ch. 14, Sec. 284(10), eff. Sept. 1, 1991.
Family Violence Prevention
Art. 5.04. Duties of peace officers.
(b) A peace officer who investigates a family violence allegation or who responds to a disturbance call that may involve family violence shall advise any possible adult victim of all reasonable means to prevent further family violence, including giving written notice of a victim's legal rights and remedies and of the availability of shelter or other community services for family violence victims.
(c) A written notice required by Subsection (b) of this article is sufficient if it is in substantially the following form with the required information in English and in Spanish inserted in the notice:
"NOTICE TO ADULT VICTIMS OF FAMILY VIOLENCE
"It is a crime for any person to cause you any physical injury or harm EVEN IF THAT PERSON IS A MEMBER OR FORMER MEMBER OF YOUR FAMILY OR HOUSEHOLD.
"Please tell the investigating peace officer:
"IF you, your child, or any other household resident has been injured; or
"IF you feel you are going to be in danger when the officer leaves or later.
"You have the right to:
"ASK the local prosecutor to file a criminal complaint against the person committing family violence; and
"APPLY to a court for an order to protect you (you should consult a legal aid office, a prosecuting attorney, or a private attorney). You cannot be charged a fee by a court in connection with filing, serving, or entering a protective order. For example, the court can enter an order that:
"(1) the abuser not commit further acts of violence;
"(2) the abuser not threaten, harass, or contact you at home;
"(3) directs the abuser to leave your household; and
"(4) establishes temporary custody of the children and directs the abuser not to interfere with the children or any property.
"A VIOLATION OF CERTAIN PROVISIONS OF COURT-ORDERED PROTECTION (such as (1) and (2) above) MAY BE A FELONY.
"CALL THE FOLLOWING VIOLENCE SHELTERS OR SOCIAL ORGANIZATIONS IF YOU NEED PROTECTION:
Added by Acts 1985, 69th Leg., ch. 583, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1991, 72nd Leg., ch. 366, Sec. 4, eff. Sept. 1, 1991; Subsec. (c) amended by Acts 1995, 74th Leg., ch. 1024, Sec. 24, eff. Sept. 1, 1995.
Sec. 411.046. Hate Crime Reporting.
(b) Local law enforcement agencies shall report offenses described by Subsection (a) in the form and manner and at regular intervals as prescribed by rules adopted by the department. The department shall summarize and analyze information received under this subsection and file an annual report with the governor and legislature containing the summary and analysis.
(c) The department
shall make information, records, and statistics collected under this section
available to any local enforcement agency, political subdivision, or state
agency to the extent the information is reasonably necessary or useful
to the agency or subdivision in carrying out duties imposed by law on the
agency or subdivision. This subsection may not be construed to limit
access to information, records, or statistics which access if permitted
by other law. Dissemination of the names of defendants and victims
is subject to all confidentiality requirements otherwise imposed by law.
Added by Acts 1991, 72nd Leg., 2nd C.S., ch. 10, Sec. 21A.01, eff. Oct. 1, 1991.
Sec. 71.01. Definitions.
(b) In this chapter:
(1) "Court" means the district court, court of domestic relations, juvenile court having the jurisdiction of a district court, or other court expressly given jurisdiction of a suit under this subtitle or a statutory county court.
(2) "Family violence" means:
(A) an act by a member of a family or household against another member of the family or household that is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the member in fear of imminent physical harm, bodily injury, assault, or sexual assault, but does not include defensive measures to protect oneself; or
(B) abuse, as that term is defined by Sections 34.012(1)(C), (E), and (G) of this code, by a member of a family or household toward a child of the family or household.
(3) "Family" includes individuals related by consanguinity or affinity, as determined under tions 573.022 and 573.024, Government Code, individuals who are former spouses of each other, individuals who are the biological parents of the same child, without regard to marriage, and a foster child and foster parent, whether or not those individuals reside together.
(4) "Household" means a unit composed of persons living together in the same dwelling, whether or not they are related to each other.
(5) "Member of a household" includes a person who previously lived in a
Added by Acts 1979, 66th Leg., p. 185, ch. 98, Sec. 11, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 3857, ch. 607, Sec. 1, eff. Aug. 29, 1983; Acts 1985, 69th Leg., ch. 583, Sec. 4, eff. Sept. 1, 1985.
Amended by Acts 1989, 71st Leg., ch. 375, Sec. 26, eff. Sept. 1, 1989; Acts 1989, 71st Leg., ch. 614, Sec. 1, eff. Sept. 1, 1989; Acts 1989, 71st Leg., ch. 739, Sec. 11, eff. Sept. 1, 1989; Acts 1989, 71st Leg., ch. 1265, Sec. 9, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 16, Sec. 7.03, eff. Aug. 26, 1991; Acts 1991, 72nd Leg., ch. 542, Sec. 1, eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 561, Sec. 20, eff. Aug. 26, 1991; Acts 1995, 74th Leg., ch. 76, Sec. 5.95(27), eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 1024, Sec. 3, eff. Sept. 1, 1995.
Sec. 1.01. Marriage License.A man and a woman desiring to enter into a ceremonial marriage shall obtain a marriage license from the county clerk of any county of this state. A license may not be issued for the marriage of persons of the same sex.
Acts 1969, 61st Leg., p. 2707, ch. 888, Sec. 1, eff. Jan. 1, 1970. Amended by Acts 1973, 63rd Leg., p. 1596, ch. 577, Sec. 1, eff. Jan. 1, 1974.
Sec. 71.04. Application for Protective Order.
(b) An application may be filed by:
(1) an adult member of a family or household for the protection of the applicant or for any other member of the family or household;
(2) any adult for the protection of a child member of a family or household;
(3) any prosecuting attorney who represents the state in a district or statutory county court in the county in which venue of the application is proper for the protection of any person alleged to be a victim of family violence; or
(4) the Department of Protective and Regulatory Services for the protection of a member of a family or household.
(c) The county attorney or the criminal district attorney is the prosecuting attorney responsible for filing applications under this chapter unless the district attorney assumes the responsibility by giving notice of that assumption to the county attorney. The prosecuting attorney responsible for filing an application under this chapter shall provide notice of that responsibility to all law enforcement agencies within the jurisdiction of the prosecuting attorney. The application is to be filed as provided by Article 5.06, Code of Criminal Procedure.
(d) to (f) Repealed
by Acts 1995, 74th Leg., ch. 1024, Sec. 26, eff. Sept. 1, 1995.
Added by Acts 1979, 66th Leg., p. 185, ch. 98, Sec. 11, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 3857, ch. 607, Sec. 2, eff. Aug. 29, 1983.
Amended by Acts 1987, 70th Leg., ch. 677, Sec. 3, eff. Sept. 1, 1987; Acts 1987, 70th Leg., ch. 1090, Sec. 1, eff. Aug. 31, 1987; Acts 1989, 71st Leg., ch. 614, Sec. 2, eff. Sept. 1, 1989; Acts 1989, 71st Leg., ch. 739, Sec. 12, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 224, Sec. 1, eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 542, Sec. 2, eff. Sept.1, 1991; Acts 1995, 74th Leg., ch. 564, Sec. 1, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 1024, Secs. 4, 26, eff. Sept. 1, 1995.
Sec. 71.11. Protective Order.
(1) prohibit a party from:
(A) removing a child member of the family or household from the possession of a person named in the court order or from the jurisdiction of the court; or
(B) transferring, encumbering, or otherwise disposing of property mutually owned or leased by the parties, except when in the ordinary course of business;
(2) grant exclusive possession of a residence to a party and, if appropriate, direct one or more other parties to vacate the residence if:
(A) the residence is jointly owned or leased by the party receiving exclusive possession and by some other party denied possession;
(B) the residence is owned or leased by the party retaining possession; or
(C) the residence is owned or leased by the party denied possession but only if that party has an obligation to support the party granted possession of the residence or a child of the party granted possession;
(3) provide for possession of and access to a child of a party if the person receiving possession of or access to the child is a parent, as that term is defined by Section 11.01 of this code, of the child;
(4) require the payment of support for a party or for a child of a party if the person required to make the payment has an obligation to support the other party or the child;
(5) require the person found to have committed family violence to complete a batterer's treatment program if a program is available or if a program is not available to counsel with a social worker, family service agency, physician, psychologist, licensed therapist, or licensed professional counselor;
(6) award to a party use and possession of specified property that is community property or jointly owned or leased; or
(7) prohibit the person found to have committed family violence from doing specified acts or require the person found to have committed family violence to do specified acts necessary or appropriate to prevent or reduce the likelihood of family violence.
(b) In a protective order the court may prohibit the person found to have committed family violence from:
(1) committing family violence;
(A) directly with a member of the family or household in a threatening or harassing manner;
(B) a threat through any person to a member of the family or household; and
(C) on a finding of good cause, in any manner with a member of the family or household except through the party's attorney or a person appointed by the court;
(3) going to or near the residence or place of employment or business of a member of the family or household;
(4) going to or near the residence, child care facility, or school where a child protected under the order normally resides or attends; and
(5) engaging in conduct directed specifically toward a person who is a member of the family or household, including following the person, that is reasonably likely to harass, annoy, alarm, abuse, torment, or embarrass that person.
(c) In an order under Subsections (b)(3) and (b)(4) of this section, the court shall specifically describe the prohibited locations and the minimum distances therefrom, if any, that the party must maintain unless Section 71.111 of this code applies, in which case, the court order need not disclose the locations.
(d) A protective order or an agreement approved by the court under this chapter does not affect the title to real property.
(e) A person found
to have engaged in family violence for whom counseling or a batterer's
treatment program is ordered under Subsection (a)(5) of this section and
who does not provide to the court before the 60th day after the date the
order was rendered an affidavit that the person has started the counseling
or the program or that the counseling or the program is not available within
a reasonable distance of the person's residence may be punished for contempt
of court as provided by Section 21.002, Government Code. The order shall
specifically advise the person of this requirement and the possible punishment
for failure to comply.
Added by Acts 1979, 66th Leg., p. 185, ch. 98, Sec. 11, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 4047, ch. 631, Sec. 2, eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 469, Sec. 2, eff. Aug. 26, 1985.
Health and Safety Code
Sec. 85.007. Education Programs for Minors.
(b) The materials in the education programs intended for persons younger than 18 years of age must:
(1) emphasize sexual abstinence before marriage and fidelity in marriage as the expected standard in terms of public health and the most effective ways to prevent HIV infection, sexually transmitted diseases, and unwanted pregnancies; and
(2) state that homosexual conduct is not an acceptable lifestyle and is
a criminal offense under Section 21.06, Penal Code.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 36, eff. Sept. 1, 1991.
Sec. 163.002. Instructional Elements.
(1) an emphasis on sexual abstinence as the only completely reliable method of avoiding unwanted teenage pregnancy and sexually transmitted diseases;
(2) an emphasis on the importance of self-control, responsibility, and ethical conduct in making decisions relating to sexual behavior;
(3) statistics, based on the latest medical information, that indicate the efficacy of the various forms of contraception;
(4) information concerning the laws relating to the financial responsibilities associated with pregnancy, childbirth, and child rearing;
(5) information concerning the laws prohibiting sexual abuse and the legal and counseling options available to victims of sexual abuse;
(6) information on how to cope with and rebuff unwanted physical and verbal sexual advances, as well as the importance of avoiding the sexual exploitation of other persons;
(7) psychologically sound methods of resisting unwanted peer pressure; and
(8) emphasis, provided in a factual manner and from a public health perspective, that homosexuality is not a lifestyle acceptable to the general public and that homosexual conduct is a criminal offense under Section 21.06, Penal Code.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 51, eff. Sept. 1, 1991.
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