85R19700 JCG/GRM-F     By: Krause, Workman H.B. No. 1551     Substitute the following for H.B. No. 1551:     By:  Moody C.S.H.B. No. 1551       A BILL TO BE ENTITLED   AN ACT   relating to the creation of a commission to review certain penal   laws of this state and certain recommendations regarding those   laws, to criminal offenses previously compiled in statutes outside   the Penal Code, to repealing certain of those offenses, and to   conforming punishments for certain of those offenses to the penalty   structure provided in the Penal Code; increasing the punishment for   sabotage and sedition; imposing a civil penalty.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:   ARTICLE 1. PURPOSE          SECTION 1.01.  PURPOSE.  The purpose of this Act is to   implement the recommendations of the commission created by Section   29, Chapter 1251 (H.B. 1396), Acts of the 84th Legislature, Regular   Session, 2015, and to authorize additional review of the penal laws   described by Section 2.01(a) of this Act.   ARTICLE 2.  COMMISSION TO STUDY CERTAIN PENAL LAWS          SECTION 2.01.  COMMISSION TO STUDY CERTAIN PENAL LAWS.   (a)  A commission is created to study and review all penal laws of   this state other than criminal offenses:                (1)  under the Penal Code;                (2)  under Chapter 481, Health and Safety Code; or                (3)  related to the operation of a motor vehicle.          (b)  The commission shall:                (1)  evaluate all laws described by Subsection (a) of   this section;                (2)  make recommendations to the legislature regarding   the repeal or amendment of laws that are identified as being   unnecessary, unclear, duplicative, overly broad, or otherwise   insufficient to serve the intended purpose of the law, including   the laws identified by the commission created by Section 29,   Chapter 1251 (H.B. 1396), Acts of the 84th Legislature, Regular   Session, 2015, as requiring additional review; and                (3)  evaluate the recommendations made by the   commission created by Section 29, Chapter 1251 (H.B. 1396), Acts of   the 84th Legislature, Regular Session, 2015.          (c)  The commission is composed of nine members appointed as   follows:                (1)  two members appointed by the governor;                (2)  two members appointed by the lieutenant governor;                (3)  two members appointed by the speaker of the house   of representatives;                (4)  two members appointed by the chief justice of the   Supreme Court of Texas; and                (5)  one member appointed by the presiding judge of the   Texas Court of Criminal Appeals.          (d)  The officials making appointments to the commission   under Subsection (c) of this section shall ensure that the   membership of the commission includes representatives of all areas   of the criminal justice system, including prosecutors, defense   attorneys, judges, legal scholars, and relevant business   interests.          (e)  The governor shall designate one member of the   commission to serve as the presiding officer of the commission.          (f)  A member of the commission is not entitled to   compensation or reimbursement of expenses.          (g)  The commission shall meet at the call of the presiding   officer.          (h)  Not later than November 1, 2018, the commission shall   report the commission's findings and recommendations to the   governor, the lieutenant governor, the speaker of the house of   representatives, the Supreme Court of Texas, the Texas Court of   Criminal Appeals, and the standing committees of the house of   representatives and the senate with primary jurisdiction over   criminal justice. The commission shall include in its   recommendations any specific statutes that the commission   recommends repealing or amending.          SECTION 2.02.  APPOINTMENT OF MEMBERS.  Not later than the   60th day after the effective date of this Act, the governor, the   lieutenant governor, the speaker of the house of representatives,   the chief justice of the Supreme Court of Texas, and the presiding   judge of the Texas Court of Criminal Appeals shall appoint the   members of the commission created under this article.          SECTION 2.03.  ABOLITION OF COMMISSION. The commission is   abolished and this article expires December 31, 2018.   ARTICLE 3.  MISCELLANEOUS AMENDMENTS RELATING TO CRIMINAL OFFENSES          SECTION 3.01.  Section 17.46(b), Business & Commerce Code,   as amended by Chapters 1023 (H.B. 1265) and 1080 (H.B. 2573), Acts   of the 84th Legislature, Regular Session, 2015, is reenacted and   amended to read as follows:          (b)  Except as provided in Subsection (d) of this section,   the term "false, misleading, or deceptive acts or practices"   includes, but is not limited to, the following acts:                (1)  passing off goods or services as those of another;                (2)  causing confusion or misunderstanding as to the   source, sponsorship, approval, or certification of goods or   services;                (3)  causing confusion or misunderstanding as to   affiliation, connection, or association with, or certification by,   another;                (4)  using deceptive representations or designations   of geographic origin in connection with goods or services;                (5)  representing that goods or services have   sponsorship, approval, characteristics, ingredients, uses,   benefits, or quantities which they do not have or that a person has   a sponsorship, approval, status, affiliation, or connection which   the person does not;                (6)  representing that goods are original or new if   they are deteriorated, reconditioned, reclaimed, used, or   secondhand;                (7)  representing that goods or services are of a   particular standard, quality, or grade, or that goods are of a   particular style or model, if they are of another;                (8)  disparaging the goods, services, or business of   another by false or misleading representation of facts;                (9)  advertising goods or services with intent not to   sell them as advertised;                (10)  advertising goods or services with intent not to   supply a reasonable expectable public demand, unless the   advertisements disclosed a limitation of quantity;                (11)  making false or misleading statements of fact   concerning the reasons for, existence of, or amount of price   reductions;                (12)  representing that an agreement confers or   involves rights, remedies, or obligations which it does not have or   involve, or which are prohibited by law;                (13)  knowingly making false or misleading statements   of fact concerning the need for parts, replacement, or repair   service;                (14)  misrepresenting the authority of a salesman,   representative or agent to negotiate the final terms of a consumer   transaction;                (15)  basing a charge for the repair of any item in   whole or in part on a guaranty or warranty instead of on the value of   the actual repairs made or work to be performed on the item without   stating separately the charges for the work and the charge for the   warranty or guaranty, if any;                (16)  disconnecting, turning back, or resetting the   odometer of any motor vehicle so as to reduce the number of miles   indicated on the odometer gauge;                (17)  advertising of any sale by fraudulently   representing that a person is going out of business;                (18)  advertising, selling, or distributing a card   which purports to be a prescription drug identification card issued   under Section 4151.152, Insurance Code, in accordance with rules   adopted by the commissioner of insurance, which offers a discount   on the purchase of health care goods or services from a third party   provider, and which is not evidence of insurance coverage, unless:                      (A)  the discount is authorized under an agreement   between the seller of the card and the provider of those goods and   services or the discount or card is offered to members of the   seller;                      (B)  the seller does not represent that the card   provides insurance coverage of any kind; and                      (C)  the discount is not false, misleading, or   deceptive;                (19)  using or employing a chain referral sales plan in   connection with the sale or offer to sell of goods, merchandise, or   anything of value, which uses the sales technique, plan,   arrangement, or agreement in which the buyer or prospective buyer   is offered the opportunity to purchase merchandise or goods and in   connection with the purchase receives the seller's promise or   representation that the buyer shall have the right to receive   compensation or consideration in any form for furnishing to the   seller the names of other prospective buyers if receipt of the   compensation or consideration is contingent upon the occurrence of   an event subsequent to the time the buyer purchases the merchandise   or goods;                (20)  representing that a guaranty or warranty confers   or involves rights or remedies which it does not have or involve,   provided, however, that nothing in this subchapter shall be   construed to expand the implied warranty of merchantability as   defined in Sections 2.314 through 2.318 and Sections 2A.212 through   2A.216 to involve obligations in excess of those which are   appropriate to the goods;                (21)  promoting a pyramid promotional scheme, as   defined by Section 32.55, Penal Code [Section 17.461];                (22)  representing that work or services have been   performed on, or parts replaced in, goods when the work or services   were not performed or the parts replaced;                (23)  filing suit founded upon a written contractual   obligation of and signed by the defendant to pay money arising out   of or based on a consumer transaction for goods, services, loans, or   extensions of credit intended primarily for personal, family,   household, or agricultural use in any county other than in the   county in which the defendant resides at the time of the   commencement of the action or in the county in which the defendant   in fact signed the contract; provided, however, that a violation of   this subsection shall not occur where it is shown by the person   filing such suit that the person neither knew or had reason to know   that the county in which such suit was filed was neither the county   in which the defendant resides at the commencement of the suit nor   the county in which the defendant in fact signed the contract;                (24)  failing to disclose information concerning goods   or services which was known at the time of the transaction if such   failure to disclose such information was intended to induce the   consumer into a transaction into which the consumer would not have   entered had the information been disclosed;                (25)  using the term "corporation," "incorporated," or   an abbreviation of either of those terms in the name of a business   entity that is not incorporated under the laws of this state or   another jurisdiction;                (26)  selling, offering to sell, or illegally promoting   an annuity contract under Chapter 22, Acts of the 57th Legislature,   3rd Called Session, 1962 (Article 6228a-5, Vernon's Texas Civil   Statutes), with the intent that the annuity contract will be the   subject of a salary reduction agreement, as defined by that Act, if   the annuity contract is not an eligible qualified investment under   that Act or is not registered with the Teacher Retirement System of   Texas as required by Section 8A of that Act;                (27)  taking advantage of a disaster declared by the   governor under Chapter 418, Government Code, by:                      (A)  selling or leasing fuel, food, medicine, or   another necessity at an exorbitant or excessive price; or                      (B)  demanding an exorbitant or excessive price in   connection with the sale or lease of fuel, food, medicine, or   another necessity;                (28)  using the translation into a foreign language of   a title or other word, including "attorney," "lawyer," "licensed,"   "notary," and "notary public," in any written or electronic   material, including an advertisement, a business card, a   letterhead, stationery, a website, or an online video, in reference   to a person who is not an attorney in order to imply that the person   is authorized to practice law in the United States;                (29) [(28)]  delivering or distributing a solicitation   in connection with a good or service that:                      (A)  represents that the solicitation is sent on   behalf of a governmental entity when it is not; or                      (B)  resembles a governmental notice or form that   represents or implies that a criminal penalty may be imposed if the   recipient does not remit payment for the good or service;                (30) [(29)]  delivering or distributing a solicitation   in connection with a good or service that resembles a check or other   negotiable instrument or invoice, unless the portion of the   solicitation that resembles a check or other negotiable instrument   or invoice includes the following notice, clearly and conspicuously   printed in at least 18-point type:          "SPECIMEN-NON-NEGOTIABLE";                (31) [(30)]  in the production, sale, distribution, or   promotion of a synthetic substance that produces and is intended to   produce an effect when consumed or ingested similar to, or in excess   of, the effect of a controlled substance or controlled substance   analogue, as those terms are defined by Section 481.002, Health and   Safety Code:                      (A)  making a deceptive representation or   designation about the synthetic substance; or                      (B)  causing confusion or misunderstanding as to   the effects the synthetic substance causes when consumed or   ingested; or                (32) [(31)]  a licensed public insurance adjuster   directly or indirectly soliciting employment, as defined by Section   38.01, Penal Code, for an attorney, or a licensed public insurance   adjuster entering into a contract with an insured for the primary   purpose of referring the insured to an attorney without the intent   to actually perform the services customarily provided by a licensed   public insurance adjuster, provided that this subdivision may not   be construed to prohibit a licensed public insurance adjuster from   recommending a particular attorney to an insured.          SECTION 3.02.  Section 17.461, Business & Commerce Code, is   transferred to Subchapter D, Chapter 32, Penal Code, and   redesignated as Section 32.55, Penal Code, to read as follows:          Sec. 32.55 [17.461].  PYRAMID PROMOTIONAL SCHEME. (a) In   this section:                (1)  "Compensation" means payment of money, a financial   benefit, or another thing of value. The term does not include   payment based on sale of a product to a person, including a   participant, who purchases the product for actual use or   consumption.                (2)  "Consideration" means the payment of cash or the   purchase of a product. The term does not include:                      (A)  a purchase of a product furnished at cost to   be used in making a sale and not for resale;                      (B)  a purchase of a product subject to a   repurchase agreement that complies with Subsection (b); or                      (C)  time and effort spent in pursuit of a sale or   in a recruiting activity.                (3)  "Participate" means to contribute money into a   pyramid promotional scheme without promoting, organizing, or   operating the scheme.                (4)  "Product" means a good, a service, or intangible   property of any kind.                (5)  "Promoting a pyramid promotional scheme" means:                      (A)  inducing or attempting to induce one or more   other persons to participate in a pyramid promotional scheme; or                      (B)  assisting another person in inducing or   attempting to induce one or more other persons to participate in a   pyramid promotional scheme, including by providing references.                (6)  "Pyramid promotional scheme" means a plan or   operation by which a person gives consideration for the opportunity   to receive compensation that is derived primarily from a person's   introduction of other persons to participate in the plan or   operation rather than from the sale of a product by a person   introduced into the plan or operation.          (b)  To qualify as a repurchase agreement for the purposes of   Subsection (a)(2)(B), an agreement must be an enforceable agreement   by the seller to repurchase, on written request of the purchaser and   not later than the first anniversary of the purchaser's date of   purchase, all unencumbered products that are in an unused,   commercially resalable condition at a price not less than 90   percent of the amount actually paid by the purchaser for the   products being returned, less any consideration received by the   purchaser for purchase of the products being returned. A product   that is no longer marketed by the seller is considered resalable if   the product is otherwise in an unused, commercially resalable   condition and is returned to the seller not later than the first   anniversary of the purchaser's date of purchase, except that the   product is not considered resalable if before the purchaser   purchased the product it was clearly disclosed to the purchaser   that the product was sold as a nonreturnable, discontinued,   seasonal, or special promotion item.          (c)  A person commits an offense if the person contrives,   prepares, establishes, operates, advertises, sells, or promotes a   pyramid promotional scheme. An offense under this subsection is a   state jail felony.          (d)  It is not a defense to prosecution for an offense under   this section that the pyramid promotional scheme involved both a   franchise to sell a product and the authority to sell additional   franchises if the emphasis of the scheme is on the sale of   additional franchises.          SECTION 3.03.  Sections 522.001 and 522.002, Business &   Commerce Code, are transferred to Subchapter D, Chapter 32, Penal   Code, redesignated as Section 32.511, Penal Code, and amended to   read as follows:          Sec. 32.511 [522.001].  IDENTITY THEFT BY ELECTRONIC DEVICE   [DEFINITIONS]. (a) In this section [chapter]:                (1)  "Payment card" means a credit card, debit card,   check card, or other card that is issued to an authorized user to   purchase or obtain goods, services, money, or any other thing of   value.                (2)  "Re-encoder" means an electronic device that can   be used to transfer encoded information from a magnetic strip on a   payment card onto the magnetic strip of a different payment card.                (3)  "Scanning device" means an electronic device used   to access, read, scan, or store information encoded on the magnetic   strip of a payment card.          (b)  [Sec. 522.002. OFFENSE; PENALTY. (a)] A person commits   an offense if the person uses a scanning device or re-encoder to   access, read, scan, store, or transfer information encoded on the   magnetic strip of a payment card without the consent of an   authorized user of the payment card and with intent to harm or   defraud another.          (c) [(b)]  An offense under this section is a Class B   misdemeanor, except that the offense is a state jail felony if the   information accessed, read, scanned, stored, or transferred was   protected health information as defined by the Health Insurance   Portability and Accountability Act and Privacy Standards, as   defined by Section 181.001, Health and Safety Code.          (d) [(c)]  If conduct that constitutes an offense under this   section also constitutes an offense under any other law, the actor   may be prosecuted under this section or the other law.          SECTION 3.04.  Article 18.18(g), Code of Criminal Procedure,   is amended to read as follows:          (g)  For purposes of this article:                (1)  "criminal instrument" has the meaning defined in   the Penal Code;                (2)  "gambling device or equipment, altered gambling   equipment or gambling paraphernalia" has the meaning defined in the   Penal Code;                (3)  "prohibited weapon" has the meaning defined in the   Penal Code;                (4)  "dog-fighting equipment" means:                      (A)  equipment used for training or handling a   fighting dog, including a harness, treadmill, cage, decoy, pen,   house for keeping a fighting dog, feeding apparatus, or training   pen;                      (B)  equipment used for transporting a fighting   dog, including any automobile, or other vehicle, and its   appurtenances which are intended to be used as a vehicle for   transporting a fighting dog;                      (C)  equipment used to promote or advertise an   exhibition of dog fighting, including a printing press or similar   equipment, paper, ink, or photography equipment; or                      (D)  a dog trained, being trained, or intended to   be used to fight with another dog;                (5)  "obscene device" and "obscene" have the meanings   assigned by Section 43.21, Penal Code;                (6)  "re-encoder" has the meaning assigned by Section   32.511, Penal [522.001, Business & Commerce] Code;                (7)  "scanning device" has the meaning assigned by   Section 32.511, Penal [522.001, Business & Commerce] Code; and                (8)  "obscene material" and "child pornography"   include digital images and the media and equipment on which those   images are stored.          SECTION 3.05.  Article 59.01(2), Code of Criminal Procedure,   is amended to read as follows:                (2)  "Contraband" means property of any nature,   including real, personal, tangible, or intangible, that is:                      (A)  used in the commission of:                            (i)  any first or second degree felony under   the Penal Code;                            (ii)  any felony under Section 15.031(b),   20.05, 20.06, 21.11, 38.04, or Chapter 43, 20A, 29, 30, 31, 32, 33,   33A, or 35, Penal Code;                            (iii)  any felony under The Securities Act   (Article 581-1 et seq., Vernon's Texas Civil Statutes); or                            (iv)  any offense under Chapter 49, Penal   Code, that is punishable as a felony of the third degree or state   jail felony, if the defendant has been previously convicted three   times of an offense under that chapter;                      (B)  used or intended to be used in the commission   of:                            (i)  any felony under Chapter 481, Health   and Safety Code (Texas Controlled Substances Act);                            (ii)  any felony under Chapter 483, Health   and Safety Code;                            (iii)  a felony under Chapter 151, Finance   Code;                            (iv)  any felony under Chapter 34, Penal   Code;                            (v)  a Class A misdemeanor under Subchapter   B, Chapter 365, Health and Safety Code, if the defendant has been   previously convicted twice of an offense under that subchapter;                            (vi)  any felony under Chapter 32, Human   Resources Code, or Chapter 31, 32, 35A, or 37, Penal Code, that   involves the state Medicaid program;                            (vii)  a Class B misdemeanor under Section   32.511, Penal [Chapter 522, Business & Commerce] Code;                            (viii)  a Class A misdemeanor under Section   306.051, Business & Commerce Code;                            (ix)  any offense under Section 42.10, Penal   Code;                            (x)  any offense under Section 46.06(a)(1)   or 46.14, Penal Code;                            (xi)  any offense under Chapter 71, Penal   Code;                            (xii)  any offense under Section 20.05 or   20.06, Penal Code; or                            (xiii)  an offense under Section 326.002,   Business & Commerce Code;                      (C)  the proceeds gained from the commission of a   felony listed in Paragraph (A) or (B) of this subdivision, a   misdemeanor listed in Paragraph (B)(vii), (ix), (x), or (xi) of   this subdivision, or a crime of violence;                      (D)  acquired with proceeds gained from the   commission of a felony listed in Paragraph (A) or (B) of this   subdivision, a misdemeanor listed in Paragraph (B)(vii), (ix), (x),   or (xi) of this subdivision, or a crime of violence;                      (E)  used to facilitate or intended to be used to   facilitate the commission of a felony under Section 15.031 or   43.25, Penal Code; or                      (F)  used to facilitate or intended to be used to   facilitate the commission of a felony under Section 20A.02 or   Chapter 43, Penal Code.          SECTION 3.06.  Sections 557.001 and 557.011, Government   Code, are transferred to Chapter 40, Penal Code, as added by this   Act, redesignated as Sections 40.01 and 40.02, Penal Code,   respectively, and amended to read as follows:          Sec. 40.01 [557.001].  SEDITION. (a) A person commits an   offense if the person knowingly:                (1)  commits, attempts to commit, or conspires with one   or more persons to commit an act intended to overthrow, destroy, or   alter the constitutional form of government of this state or of any   political subdivision of this state by force or violence;                (2)  under circumstances that constitute a clear and   present danger to the security of this state or a political   subdivision of this state, advocates, advises, or teaches or   conspires with one or more persons to advocate, advise, or teach a   person to commit or attempt to commit an act described in   Subdivision (1); or                (3)  participates, with knowledge of the nature of the   organization, in the management of an organization that engages in   or attempts to engage in an act intended to overthrow, destroy, or   alter the constitutional form of government of this state or of any   political subdivision of this state by force or violence.          (b)  An offense under this section is a felony of the second   degree [punishable by:                [(1)  a fine not to exceed $20,000;                [(2)     confinement in the Texas Department of Criminal   Justice for a term of not less than one year or more than 20 years;   or                [(3)  both fine and imprisonment].          (c)  A person convicted of an offense under this section may   not receive community supervision under Chapter 42A, Code of   Criminal Procedure.          Sec. 40.02 [557.011].  SABOTAGE. (a) A person commits an   offense if the person, with the intent to injure the United States,   this state, or any facility or property used for national defense   sabotages or attempts to sabotage any property or facility used or   to be used for national defense.          (b)  An offense under this section is a felony of the second   degree [punishable by confinement in the Texas Department of   Criminal Justice for a term of not less than two years or more than   20 years].          (c)  If conduct constituting an offense under this section   also constitutes an offense under another provision of law, the   actor may be prosecuted under both sections.          (d)  In this section, "sabotage" means to wilfully and   maliciously damage or destroy property.          SECTION 3.07.  Section 557.002, Government Code, is amended   to read as follows:          Sec. 557.002.  DISQUALIFICATION. A person who is finally   convicted of an offense under Section 40.01, Penal Code, [557.001]   may not hold office or a position of profit, trust, or employment   with the state or any political subdivision of the state.          SECTION 3.08.  Section 3101.010(b), Government Code, is   amended to read as follows:          (b)  An offense under this section is a misdemeanor and on   conviction is punishable by[:                [(1)]  a fine of not less than $5 or more than $300[;                [(2)     confinement in the county jail for a term not to   exceed three months; or                [(3)  both a fine and confinement].          SECTION 3.09.  Section 615.002(e), Local Government Code, is   amended to read as follows:          (e)  A person commits an offense if the person violates a   parking rule adopted under this section. An offense under this   subsection is a Class C misdemeanor [punishable by a fine of not   less than $1 nor more than $20].          SECTION 3.10.  Section 11.074(b), Natural Resources Code, is   amended to read as follows:          (b)  Any owner of stock or a [his] manager, agent, employee,   or servant of the owner who fences, uses, occupies, or appropriates   by herding or line-riding any portion of the land covered by   Subsection (a) [of this section] without a lease for the land   commits an offense.  An offense under this section is a Class C   misdemeanor[, on conviction, shall be fined not less than $100 nor   more than $1,000 and confined in the county jail for not less than   three months nor more than two years]. Each day for which a   violation continues constitutes a separate offense.          SECTION 3.11.  Section 88.134(b), Natural Resources Code, is   amended to read as follows:          (b)  A person who violates any [other] provision of this   chapter other than those covered by Subsection (a), a person who   fails to comply with any of the other terms of this chapter, a   person who fails to comply with the terms of a rule or order adopted   by the governmental agency under the terms of this chapter, or a   person who violates any of the rules or orders of the governmental   agency adopted under the provisions of this chapter commits an   offense.  An offense under this subsection is a felony of the third   degree [on conviction is considered guilty of a felony and on   conviction shall be punished by imprisonment in the Texas   Department of Criminal Justice for a term of not less than two nor   more than four years].          SECTION 3.12.  Section 114.102(b), Natural Resources Code,   is amended to read as follows:          (b)  An offense under this section is a Class A misdemeanor   [felony of the third degree].          SECTION 3.13.  Section 264.151(a), Occupations Code, is   amended to read as follows:          (a)  A person commits an offense if the person violates   Section 256.001. An offense under this subsection is a felony of   the third degree. [Each day of a violation is a separate offense.]          SECTION 3.14.  Section 266.303, Occupations Code, is amended   by amending Subsection (b) and adding Subsection (b-1) to read as   follows:          (b)  An offense for a violation of Section 266.151 is a Class   A misdemeanor, except that the offense is a felony of the third   degree if it is shown on the trial of the offense that the defendant   has previously been convicted of an offense for a violation of   Section 266.151.          (b-1)  An offense for a violation of [or] Section 266.301(b)   is a Class A misdemeanor, except that the offense is a felony of the   third degree if it is shown on the trial of the offense that the   defendant has previously been convicted of an offense for a   violation of Section 266.301(b).          SECTION 3.15.  Section 1701.553(b), Occupations Code, is   amended to read as follows:          (b)  An offense under Subsection (a) is a Class A misdemeanor   [state jail felony].          SECTION 3.16.  Subchapter E, Chapter 1802, Occupations Code,   is amended by adding Section 1802.2025 to read as follows:          Sec. 1802.2025.  FRIVOLOUS CLAIMS; CIVIL PENALTY. (a)  A   person may not, for personal benefit or to harm another:                (1)  institute a claim under this chapter in which the   person knows the person has no interest; or                (2)  institute a frivolous suit or claim that the   person knows is false.          (b)  A person who violates Subsection (a) is subject to a   civil penalty under Section 51.352.          SECTION 3.17.  Section 2155.002(d), Occupations Code, is   amended to read as follows:          (d)  An offense under Subsection (a) or (c) is a misdemeanor   punishable by[:                [(1)]  a fine of not less than $25 or more than $100[;                [(2)     confinement in jail for a term not to exceed 30   days; or                [(3)  both a fine and confinement].          SECTION 3.18.  Section 2156.006, Occupations Code, is   amended to read as follows:          Sec. 2156.006.  FORFEITURE OF LEASE. A theater's lessee or a   lessee's assigns forfeit the lease and any rights and privileges   under the lease if the person[:                [(1)]  does not comply with the law governing   theaters[; or                [(2)     is convicted of an offense under Section   2156.005].          SECTION 3.19.  Section 32.153(a), Parks and Wildlife Code,   is amended to read as follows:          (a)  A person commits an offense if the person violates:                (1)  Section 32.051;                (2)  [Section 32.053(b);                [(3)]  Section 32.056;                (3) [(4)  Section 32.057(d);                [(5)]  Section 32.101;                (4) [(6)]  Section 32.104;                (5) [(7)]  Section 32.105;                (6) [(8)]  Section 32.106;                (7) [(9)]  Section 32.107; or                (8) [(10)]  Section 32.108.          SECTION 3.20.  Section 62.013, Parks and Wildlife Code, is   amended to read as follows:          Sec. 62.013.  PENALTIES. (a) Except as provided by   Subsections (b), (b-1), and (c) of this section, a person who   violates a provision of this subchapter commits an offense that is a   Class C Parks and Wildlife Code misdemeanor.          (b)  A person who violates Section 62.003, 62.004, [62.005,]   62.0065, 62.011(c), or 350.001 or a rule adopted under Section   62.0065 commits an offense that is a Class A Parks and Wildlife Code   misdemeanor, unless it is shown at the trial of the defendant for a   violation of that section or rule, as appropriate, that the   defendant has been convicted one or more times before the trial date   of a violation of that section or rule, as appropriate, in which   case the offense is a Parks and Wildlife Code state jail felony.          (b-1)  A person who violates Section 62.005 commits an   offense that is a:                (1)  Class C Parks and Wildlife Code misdemeanor if the   person commits the offense recklessly;                (2)  Class A Parks and Wildlife Code misdemeanor if the   person intentionally or knowingly commits the offense; or                (3)  Parks and Wildlife Code state jail felony if it is   shown at the trial of the defendant for a violation of that section   that the defendant has been convicted one or more times before the   trial date of a violation of that section.          (c)  In addition to the punishments provided in Subsections   (a), [and] (b), and (b-1), a person who violates Section 62.003,   62.004, 62.005, 62.0065, 62.011(c), or 350.001 or a rule adopted   under Section 62.0065 is punishable by the revocation or suspension   under Section 12.5015 of hunting and fishing licenses and permits.          SECTION 3.21.  Section 76.040, Parks and Wildlife Code, is   amended by amending Subsection (b) and adding Subsection (b-1) to   read as follows:          (b)  A person who violates Section 76.037 [or Section 76.038   of this code] commits an offense that is a Class B Parks and   Wildlife Code misdemeanor.          (b-1)  A person who violates Section 76.038 commits an   offense that is a:                (1)  Class C Parks and Wildlife Code misdemeanor if the   person commits the offense recklessly; or                (2)  Class B Parks and Wildlife Code misdemeanor if the   person intentionally or knowingly commits the offense.          SECTION 3.22.  Section 76.118, Parks and Wildlife Code, is   amended by amending Subsections (a), (b), and (c) and adding   Subsection (a-1) to read as follows:          (a)  Except as provided in Subsections (a-1), (b), and (c) of   this section, a person who violates a provision of this subchapter   or a regulation of the commission issued under this subchapter   commits an offense that is a Class C Parks and Wildlife Code   misdemeanor.          (a-1)  A person who violates Section 76.101 or 76.109 or a   regulation of the commission issued under one of those sections   commits an offense that is a:                (1)  Class C Parks and Wildlife Code misdemeanor if the   person commits the offense recklessly; or                (2)  Class B Parks and Wildlife Code misdemeanor if the   person intentionally or knowingly commits the offense.          (b)  A person who violates Section [76.101,] 76.107[, or   76.109] or a regulation of the commission issued under that section   [one of those sections] commits an offense that is a Class B Parks   and Wildlife Code misdemeanor.          (c)  A person who violates Section 76.116, or at the same   time violates Sections 76.109 and 76.116, commits an offense that   is a:                (1)  Class B Parks and Wildlife Code misdemeanor if the   person commits the offense recklessly; or                (2)  Class A Parks and Wildlife Code misdemeanor if the   person intentionally or knowingly commits the offense.          SECTION 3.23.  Section 77.061(b), Parks and Wildlife Code,   is amended to read as follows:          (b)  Notwithstanding the provisions of Subchapter E, Chapter   12, of this code, a person who violates Subdivision (1) of   Subsection (a) of this section or Section 77.024 of this code   commits an offense that is a:                (1)  Class C Parks and Wildlife Code misdemeanor if the   person commits the offense recklessly; or                (2)  Class B Parks and Wildlife Code misdemeanor if the   person intentionally or knowingly commits the offense [and on   conviction is punishable by a fine of not less than $2,500 nor more   than $5,000, by confinement in the county jail for not less than six   months nor more than one year, or by both].          SECTION 3.24.  Section 19.03(a), Penal Code, is amended to   read as follows:          (a)  A person commits an offense if the person commits murder   as defined under Section 19.02(b)(1) and:                (1)  the person murders a peace officer or fireman who   is acting in the lawful discharge of an official duty and who the   person knows is a peace officer or fireman;                (2)  the person intentionally commits the murder in the   course of committing or attempting to commit kidnapping, burglary,   robbery, aggravated sexual assault, arson, obstruction or   retaliation, sabotage, or terroristic threat under Section   22.07(a)(1), (3), (4), (5), or (6);                (3)  the person commits the murder for remuneration or   the promise of remuneration or employs another to commit the murder   for remuneration or the promise of remuneration;                (4)  the person commits the murder while escaping or   attempting to escape from a penal institution;                (5)  the person, while incarcerated in a penal   institution, murders another:                      (A)  who is employed in the operation of the penal   institution; or                      (B)  with the intent to establish, maintain, or   participate in a combination or in the profits of a combination;                (6)  the person:                      (A)  while incarcerated for an offense under this   section or Section 19.02, murders another; or                      (B)  while serving a sentence of life imprisonment   or a term of 99 years for an offense under Section 20.04, 22.021, or   29.03, murders another;                (7)  the person murders more than one person:                      (A)  during the same criminal transaction; or                      (B)  during different criminal transactions but   the murders are committed pursuant to the same scheme or course of   conduct;                (8)  the person murders an individual under 10 years of   age; or                (9)  the person murders another person in retaliation   for or on account of the service or status of the other person as a   judge or justice of the supreme court, the court of criminal   appeals, a court of appeals, a district court, a criminal district   court, a constitutional county court, a statutory county court, a   justice court, or a municipal court.          SECTION 3.25.  Section 37.10(c)(2), Penal Code, is amended   to read as follows:                (2)  An offense under this section is a felony of the   third degree if it is shown on the trial of the offense that the   governmental record was:                      (A)  a public school record, report, or assessment   instrument required under Chapter 39, Education Code, a public   school record, form, report, or budget required under Chapter 42,   Education Code, or a rule adopted under that chapter, data reported   for a school district or open-enrollment charter school to the   Texas Education Agency through the Public Education Information   Management System (PEIMS) described by Section 42.006, Education   Code, under a law or rule requiring that reporting, or a license,   certificate, permit, seal, title, letter of patent, or similar   document issued by government, by another state, or by the United   States, unless the actor's intent is to defraud or harm another, in   which event the offense is a felony of the second degree;                      (B)  a written report of a medical, chemical,   toxicological, ballistic, or other expert examination or test   performed on physical evidence for the purpose of determining the   connection or relevance of the evidence to a criminal action;                      (C)  a written report of the certification,   inspection, or maintenance record of an instrument, apparatus,   implement, machine, or other similar device used in the course of an   examination or test performed on physical evidence for the purpose   of determining the connection or relevance of the evidence to a   criminal action; or                      (D)  a search warrant issued by a magistrate.          SECTION 3.26.  Title 8, Penal Code, is amended by adding   Chapter 40, and a heading is added to that chapter to read as   follows:   CHAPTER 40.  SEDITION AND SABOTAGE          SECTION 3.27.  Section 154.517, Tax Code, is amended to read   as follows:          Sec. 154.517.  FELONY OR MISDEMEANOR. (a) An offense under   Section [Sections] 154.511, 154.512, 154.514, 154.515, or   [through] 154.516 is a felony of the third degree.          (b)  An offense under Section 154.513 is a Class A   misdemeanor unless it is shown on the trial of the offense that the   person has been previously convicted of an offense under that   section, in which event the offense is a felony of the third degree.          SECTION 3.28.  Section 155.208, Tax Code, is amended to read   as follows:          Sec. 155.208.  MISDEMEANOR. (a) An offense under Section   155.202, 155.204, 155.205, 155.206, or 155.207 [Sections   155.202-155.207] is a Class A misdemeanor.          (b)  An offense under Section 155.203 is a Class C   misdemeanor unless it is shown on the trial of the offense that the   person has been previously convicted of an offense under that   section, in which event the offense is a Class A misdemeanor.          SECTION 3.29.  Section 155.213, Tax Code, is amended to read   as follows:          Sec. 155.213.  FELONY OR MISDEMEANOR. (a) An offense under   Section 155.210 or 155.212 [Sections 155.209-155.212] is a felony   of the third degree.          (b)  An offense under Section 155.209 is a Class A   misdemeanor unless it is shown on the trial of the offense that the   person has been previously convicted of an offense under that   section, in which event the offense is a felony of the third degree.          (c)  An offense under Section 155.211 is a Class A   misdemeanor unless it is shown on the trial of the offense that the   person has been previously convicted of an offense under that   section, in which event the offense is a felony of the third degree.          SECTION 3.30.  Section 15.030(c), Utilities Code, is amended   to read as follows:          (c)  An offense under this section is a Class A misdemeanor   [felony of the third degree].          SECTION 3.31.  Section 105.024(b), Utilities Code, is   amended to read as follows:          (b)  An offense under this section is a Class A misdemeanor   [felony of the third degree].          SECTION 3.32.  The following laws are repealed:                (1)  Section 101.64, Alcoholic Beverage Code;                (2)  Sections 17.22, 17.30, 17.31, and 204.005,   Business & Commerce Code;                (3)  Chapter 504, Business & Commerce Code;                (4)  the heading to Chapter 522, Business & Commerce   Code;                (5)  Section 44.051, Education Code;                (6)  Sections 59.002, 89.101, 119.202, 122.251, and   199.001, Finance Code;                (7)  the heading to Subchapter B, Chapter 557,   Government Code;                (8)  Sections 557.012 and 557.013, Government Code;                (9)  Sections 52.021 and 52.022, Labor Code;                (10)  Sections 205.401(b), 1802.302, 1805.103,   2156.004, 2156.005, and 2158.003, Occupations Code;                (11)  Sections 32.053(b) and 32.057(d), Parks and   Wildlife Code;                (12)  Articles 4005a, 4006a, 4006b, 4015d, 4015e, and   5196b, Revised Statutes;                (13)  Chapter 281 (H.B. 2680), Acts of the 73rd   Legislature, Regular Session, 1993 (Article 4413(47e-1), Vernon's   Texas Civil Statutes); and                (14)  Chapter 487 (H.B. 376), Acts of the 56th   Legislature, Regular Session, 1959 (Article 9010, Vernon's Texas   Civil Statutes).   ARTICLE 4.  TRANSITION PROVISIONS; EFFECTIVE DATE          SECTION 4.01.  The changes in law made by this Act apply only   to an offense committed on or after the effective date of this Act.   An offense committed before the effective date of this Act is   governed by the law in effect on the date the offense was committed,   and the former law is continued in effect for that purpose. For   purposes of this section, an offense was committed before the   effective date of this Act if any element of the offense occurred   before that date.          SECTION 4.02.  To the extent of any conflict, this Act   prevails over another Act of the 85th Legislature, Regular Session,   2017, relating to nonsubstantive additions to and corrections in   enacted codes.          SECTION 4.03.  This Act takes effect September 1, 2017.