Offenses

CONSUMPTION OF ALCOHOL BY A MINOR. (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. (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. (e) Subsection (a) does not apply to a minor who: (1) requested emergency medical assistance in response to the possible alcohol overdose of the minor or another person; (2) was the first person to make a request for medical assistance under Subdivision (1); and (3) if the minor requested emergency medical assistance for the possible alcohol overdose of another person: (A) remained on the scene until the medical assistance arrived; and (B) cooperated with medical assistance and law enforcement personnel. (f) Except as provided by Subsection (g), Subsection (a) does not apply to a minor who reports the sexual assault of the minor or another person, or is the victim of a sexual assault reported by another person, to: (1) a health care provider treating the victim of the sexual assault; (2) an employee of a law enforcement agency, including an employee of a campus police department of an institution of higher education; or (3) the Title IX coordinator of an institution of higher education or another employee of the institution responsible for responding to reports of sexual assault. (g) A minor is entitled to raise the defense provided by Subsection (f) in the prosecution of an offense under this section only if the minor is in violation of this section at the time of the commission of a sexual assault that is: (1) reported by the minor under Subsection (f); or (2) committed against the minor and reported by another person under Subsection (f). (h) A minor who commits a sexual assault that is reported under Subsection (f) is not entitled to raise the defense provided by Subsection (f) in the prosecution of the minor for an offense under this section.

POSSESSION OF ALCOHOLIC BEVERAGE IN MOTOR VEHICLE. (a) In this section: (1) "Open container" means a bottle, can, or other receptacle that contains any amount of alcoholic beverage and that is open, that has been opened, that has a broken seal, or the contents of which are partially removed. (2) "Passenger area of a motor vehicle" means the area of a motor vehicle designed for the seating of the operator and passengers of the vehicle. The term does not include: (A) a glove compartment or similar storage container that is locked; (B) the trunk of a vehicle; or (C) the area behind the last upright seat of the vehicle, if the vehicle does not have a trunk. (3) "Public highway" means the entire width between and immediately adjacent to the boundary lines of any public road, street, highway, interstate, or other publicly maintained way if any part is open for public use for the purpose of motor vehicle travel. The term includes the right-of-way of a public highway. (b) A person commits an offense if the person knowingly possesses an open container in a passenger area of a motor vehicle that is located on a public highway, regardless of whether the vehicle is being operated or is stopped or parked. Possession by a person of one or more open containers in a single criminal episode is a single offense. (c) It is an exception to the application of Subsection (b) that at the time of the offense the defendant was a passenger in: (1) the passenger area of a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation, including a bus, taxicab, or limousine; or (2) the living quarters of a motorized house coach or motorized house trailer, including a self-contained camper, a motor home, or a recreational vehicle. (d) An offense under this section is a Class C misdemeanor. (e) A peace officer charging a person with an offense under this section, instead of taking the person before a magistrate, shall issue to the person a written citation and notice to appear that contains the time and place the person must appear before a magistrate, the name and address of the person charged, and the offense charged. If the person makes a written promise to appear before the magistrate by signing in duplicate the citation and notice to appear issued by the officer, the officer shall release the person.

POSSESSION OF ALCOHOL BY A MINOR. (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 permittee and the employment is not prohibited by this code; (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; (3) if the minor is under the immediate supervision of a commissioned peace officer engaged in enforcing the provisions of this code; or (4) if the beverage is lawfully provided to the minor under Section 106.16. (c) An offense under this section is punishable as provided by Section 106.071. (d) Subsection (a) does not apply to a minor who: (1) requested emergency medical assistance in response to the possible alcohol overdose of the minor or another person; (2) was the first person to make a request for medical assistance under Subdivision (1); and (3) if the minor requested emergency medical assistance for the possible alcohol overdose of another person: (A) remained on the scene until the medical assistance arrived; and (B) cooperated with medical assistance and law enforcement personnel. (e) Except as provided by Subsection (f), Subsection (a) does not apply to a minor who reports the sexual assault of the minor or another person, or is the victim of a sexual assault reported by another person, to: (1) a health care provider treating the victim of the sexual assault; (2) an employee of a law enforcement agency, including an employee of a campus police department of an institution of higher education; or (3) the Title IX coordinator of an institution of higher education or another employee of the institution responsible for responding to reports of sexual assault. (f) A minor is entitled to raise the defense provided by Subsection (e) in the prosecution of an offense under this section only if the minor is in violation of this section at the time of the commission of a sexual assault that is: (1) reported by the minor under Subsection (e); or (2) committed against the minor and reported by another person under Subsection (e). (g) A minor who commits a sexual assault that is reported under Subsection (e) is not entitled to raise the defense provided by Subsection (e) in the prosecution of the minor for an offense under this section.

ADMINISTRATIVE PENALTY. (a) The comptroller by order may impose an administrative penalty against a purchaser of advertising required to comply with Section 161.123 who violates that section or a rule or order adopted under that section. (b) The penalty for a violation may be in an amount not to exceed $5,000. Each day a violation continues or occurs is a separate violation for purposes of imposing a penalty. (c) The amount of the penalty shall be based on: (1) the amount of fees due and owing; (2) attempted concealment of misconduct by the person who committed the violation; (3) premeditated misconduct by the person who committed the violation; (4) intentional misconduct by the person who committed the violation; (5) the motive of the person who committed the violation; (6) prior misconduct of a similar or related nature by the person who committed the violation; (7) prior written warnings or written admonishments from any government agency or official regarding statutes or regulations pertaining to the misconduct; (8) violation by the person who committed the violation of an order of the comptroller; (9) lack of rehabilitative potential or likelihood for future misconduct of a similar nature; (10) relevant circumstances increasing the seriousness of the misconduct; and (11) any other matter justice may require. (d) The comptroller shall prescribe the procedure by which the comptroller may impose an administrative penalty under this section. (e) A proceeding under this section is subject to Chapter 2001, Government Code. (f) If the comptroller by order finds that a violation has occurred and imposes an administrative penalty, the comptroller shall give notice to the person of the comptroller"s order. The notice must include a statement of the rights of the person to judicial review of the order. (g) If the purchaser of advertising does not pay the amount of the penalty, the comptroller may refer the matter to the attorney general for collection of the amount of the penalty. (h) A penalty collected under this section shall be deposited in the general revenue fund.

PUBLIC INTOXICATION. (a) A person commits an offense if the person appears in a public place while intoxicated to the degree that the person may endanger the person or another. (a-1) For the purposes of this section, a premises licensed or permitted under the Alcoholic Beverage Code is a public place. (b) It is a defense to prosecution under this section that the alcohol or other substance was administered for therapeutic purposes and as a part of the person"s professional medical treatment by a licensed physician. (c) Except as provided by Subsection (e), an offense under this section is a Class C misdemeanor. (d) An offense under this section is not a lesser included offense under Section 49.04. (e) An offense under this section committed by a person younger than 21 years of age is punishable in the same manner as if the minor committed an offense to which Section 106.071, Alcoholic Beverage Code, applies.

ILLEGAL DUMPING; DISCARDING LIGHTED MATERIALS; CRIMINAL PENALTIES. (a) A person commits an offense if the person disposes or allows or permits the disposal of litter or other solid waste at a place that is not an approved solid waste site, including a place on or within 300 feet of a public highway, on a right-of-way, on other public or private property, or into inland or coastal water of the state. (a-1) A person commits an offense if: (1) the person discards lighted litter, including a match, cigarette, or cigar, onto open-space land, a private road or the right-of-way of a private road, a public highway or other public road or the right-of-way of a public highway or other public road, or a railroad right-of-way; and (2) a fire is ignited as a result of the conduct described by Subdivision (1). (b) A person commits an offense if the person receives litter or other solid waste for disposal at a place that is not an approved solid waste site, regardless of whether the litter or other solid waste or the land on which the litter or other solid waste is disposed is owned or controlled by the person. (c) A person commits an offense if the person transports litter or other solid waste to a place that is not an approved solid waste site for disposal at the site. (d) An offense under Subsection (a), (b), or (c) is a Class C misdemeanor if the litter or other solid waste to which the offense applies weighs five pounds or less or has a volume of five gallons or less. (d-1) An offense under Subsection (a-1) is a misdemeanor under this subsection if the litter or other solid waste to which the offense applies weighs less than 500 pounds or has a volume of less than 100 cubic feet and is punishable by: (1) a fine not to exceed $500; (2) confinement in jail for a term not to exceed 30 days; or (3) both such fine and confinement. (e) An offense under Subsection (a), (b), or (c) is a Class B misdemeanor if the litter or other solid waste to which the offense applies weighs more than five pounds but less than 500 pounds or has a volume of more than five gallons but less than 100 cubic feet. (f) An offense under this section is a Class A misdemeanor if: (1) the litter or other solid waste to which the offense applies weighs 500 pounds or more but less than 1,000 pounds or has a volume of 100 cubic feet or more but less than 200 cubic feet; or (2) the litter or other solid waste is disposed for a commercial purpose and weighs more than five pounds but less than 200 pounds or has a volume of more than five gallons but less than 200 cubic feet. (g) An offense under this section is a state jail felony if the litter or solid waste to which the offense applies: (1) weighs 1,000 pounds or more or has a volume of 200 cubic feet or more; (2) is disposed of for a commercial purpose and weighs 200 pounds or more or has a volume of 200 cubic feet or more; or (3) is contained in a closed barrel or drum. (h) If it is shown on the trial of the defendant for an offense under this section that the defendant has previously been convicted of an offense under this section, the punishment for the offense is increased to the punishment for the next highest category. (i) On conviction for an offense under this section, the court shall provide to the defendant written notice that a subsequent conviction for an offense under this section may result in the forfeiture under Chapter 59, Code of Criminal Procedure, of the vehicle used by the defendant in committing the offense. (j) The offenses prescribed by this section include the unauthorized disposal of litter or other solid waste in a dumpster or similar receptacle. (k) This section does not apply to the temporary storage for future disposal of litter or other solid waste by a person on land owned by that person, or by that person"s agent. The commission by rule shall regulate temporary storage for future disposal of litter or other solid waste by a person on land owned by the person or the person"s agent. (l) This section does not apply to an individual"s disposal of litter or other solid waste if: (1) the litter or waste is generated on land the individual owns; (2) the litter or waste is not generated as a result of an activity related to a commercial purpose; (3) the disposal occurs on land the individual owns; and (4) the disposal is not for a commercial purpose. (m) A municipality or county may offer a reward of $50 for reporting a violation of this section that results in a prosecution under this section. (n) An offense under this section may be prosecuted without alleging or proving any culpable mental state, unless the offense is a state jail felony. (o) For purposes of a prosecution under Subsection (g), a generator creates a rebuttable presumption of lack of culpable mental state if the generator of the solid waste to be disposed of secures, prior to the hauler"s receipt of the solid waste, a signed statement from the hauler that the solid waste will be disposed of legally. The statement shall include the hauler"s valid Texas driver"s license number. (p) It is an affirmative defense to prosecution under Subsection (a-1) that the person discarded the lighted litter in connection with controlled burning the person was conducting in the area into which the lighted litter was discarded. (q) The operator of a public conveyance in which smoking tobacco is allowed shall post a sign stating the substance of Subsections (a-1) and (d-1) in a conspicuous place within any portion of the public conveyance in which smoking is allowed. (r) If conduct that constitutes an offense under Subsection (a-1) also constitutes an offense under Subsection (a), the actor may be prosecuted only under Subsection (a-1). If conduct that constitutes an offense under Subsection (a-1) also constitutes an offense under Chapter 28, Penal Code, the actor may be prosecuted under Subsection (a-1) or Chapter 28, Penal Code, but not both. (s) On conviction of an offense under this section, the court shall require the defendant, in addition to any fine or other penalty, to perform community service as provided by Article 42A.304 (e), Code of Criminal Procedure. (t) Chapter 15, Penal Code, applies to an offense under this section.

THEFT. (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. (b) Appropriation of property is unlawful if: (1) it is without the owner"s effective consent; (2) the property is stolen and the actor appropriates the property knowing it was stolen by another; or (3) property in the custody of any law enforcement agency was explicitly represented by any law enforcement agent to the actor as being stolen and the actor appropriates the property believing it was stolen by another. (c) For purposes of Subsection (b): (1) evidence that the actor has previously participated in recent transactions other than, but similar to, the transaction for which the prosecution is based is admissible for the purpose of showing knowledge or intent and the issues of knowledge or intent are raised by the actor"s plea of not guilty; (2) the testimony of an accomplice shall be corroborated by proof that tends to connect the actor to the crime, but the actor"s knowledge or intent may be established by the uncorroborated testimony of the accomplice; (3) an actor engaged in the business of buying and selling used or secondhand personal property, or lending money on the security of personal property deposited with the actor, is presumed to know upon receipt by the actor of stolen property (other than a motor vehicle subject to Chapter 501, Transportation Code) that the property has been previously stolen from another if the actor pays for or loans against the property $25 or more (or consideration of equivalent value) and the actor knowingly or recklessly: (A) fails to record the name, address, and physical description or identification number of the seller or pledgor; (B) fails to record a complete description of the property, including the serial number, if reasonably available, or other identifying characteristics; or (C) fails to obtain a signed warranty from the seller or pledgor that the seller or pledgor has the right to possess the property. It is the express intent of this provision that the presumption arises unless the actor complies with each of the numbered requirements; (4) for the purposes of Subdivision (3) (A), "identification number" means driver"s license number, military identification number, identification certificate, or other official number capable of identifying an individual; (5) stolen property does not lose its character as stolen when recovered by any law enforcement agency; (6) an actor engaged in the business of obtaining abandoned or wrecked motor vehicles or parts of an abandoned or wrecked motor vehicle for resale, disposal, scrap, repair, rebuilding, demolition, or other form of salvage is presumed to know on receipt by the actor of stolen property that the property has been previously stolen from another if the actor knowingly or recklessly: (A) fails to maintain an accurate and legible inventory of each motor vehicle component part purchased by or delivered to the actor, including the date of purchase or delivery, the name, age, address, sex, and driver"s license number of the seller or person making the delivery, the license plate number of the motor vehicle in which the part was delivered, a complete description of the part, and the vehicle identification number of the motor vehicle from which the part was removed, or in lieu of maintaining an inventory, fails to record the name and certificate of inventory number of the person who dismantled the motor vehicle from which the part was obtained; (B) fails on receipt of a motor vehicle to obtain a certificate of authority, sales receipt, or transfer document as required by Chapter 683, Transportation Code, or a certificate of title showing that the motor vehicle is not subject to a lien or that all recorded liens on the motor vehicle have been released; or (C) fails on receipt of a motor vehicle to immediately remove an unexpired license plate from the motor vehicle, to keep the plate in a secure and locked place, or to maintain an inventory, on forms provided by the Texas Department of Motor Vehicles, of license plates kept under this paragraph, including for each plate or set of plates the license plate number and the make, motor number, and vehicle identification number of the motor vehicle from which the plate was removed; (7) an actor who purchases or receives a used or secondhand motor vehicle is presumed to know on receipt by the actor of the motor vehicle that the motor vehicle has been previously stolen from another if the actor knowingly or recklessly: (A) fails to report to the Texas Department of Motor Vehicles the failure of the person who sold or delivered the motor vehicle to the actor to deliver to the actor a properly executed certificate of title to the motor vehicle at the time the motor vehicle was delivered; or (B) fails to file with the county tax assessor-collector of the county in which the actor received the motor vehicle, not later than the 20th day after the date the actor received the motor vehicle, the registration license receipt and certificate of title or evidence of title delivered to the actor in accordance with Subchapter D, Chapter 520, Transportation Code, at the time the motor vehicle was delivered; (8) an actor who purchases or receives from any source other than a licensed retailer or distributor of pesticides a restricted-use pesticide or a state-limited-use pesticide or a compound, mixture, or preparation containing a restricted-use or state-limited-use pesticide is presumed to know on receipt by the actor of the pesticide or compound, mixture, or preparation that the pesticide or compound, mixture, or preparation has been previously stolen from another if the actor: (A) fails to record the name, address, and physical description of the seller or pledgor; (B) fails to record a complete description of the amount and type of pesticide or compound, mixture, or preparation purchased or received; and (C) fails to obtain a signed warranty from the seller or pledgor that the seller or pledgor has the right to possess the property; (9) an actor who is subject to Section 409, Packers and Stockyards Act (7 U.S.C. Section 228b), that obtains livestock from a commission merchant by representing that the actor will make prompt payment is presumed to have induced the commission merchant"s consent by deception if the actor fails to make full payment in accordance with Section 409, Packers and Stockyards Act (7 U.S.C. Section 228b); and (10) an actor in possession of property consisting of one or more catalytic converters that have been removed from a motor vehicle is presumed to have unlawfully appropriated the property unless the actor: (A) is the owner, as defined by Section 601.002, Transportation Code, of each vehicle from which the catalytic converters were removed; or (B) possesses the catalytic converters in the ordinary course of the actor"s business, including in the ordinary course of business of an entity described by Section 1956.123 (1), Occupations Code. (d) It is not a defense to prosecution under this section that: (1) the offense occurred as a result of a deception or strategy on the part of a law enforcement agency, including the use of an undercover operative or peace officer; (2) the actor was provided by a law enforcement agency with a facility in which to commit the offense or an opportunity to engage in conduct constituting the offense; or (3) the actor was solicited to commit the offense by a peace officer, and the solicitation was of a type that would encourage a person predisposed to commit the offense to actually commit the offense, but would not encourage a person not predisposed to commit the offense to actually commit the offense. (e) Except as provided by Subsections (f) and (f-1), an offense under this section is: (1) a Class C misdemeanor if the value of the property stolen is less than $100; (2) a Class B misdemeanor if: (A) the value of the property stolen is $100 or more but less than $750; (B) the value of the property stolen is less than $100 and the defendant has previously been convicted of any grade of theft; or (C) the property stolen is a driver"s license, commercial driver"s license, or personal identification certificate issued by this state or another state; (3) a Class A misdemeanor if the value of the property stolen is $750 or more but less than $2,500; (4) a state jail felony if: (A) the value of the property stolen is $2,500 or more but less than $30,000, or the property is less than 10 head of sheep, swine, or goats or any part thereof under the value of $30,000; (B) regardless of value, the property is stolen from the person of another or from a human corpse or grave, including property that is a military grave marker; (C) the property stolen is a firearm; (D) the value of the property stolen is less than $2,500 and the defendant has been previously convicted two or more times of any grade of theft; (E) the property stolen is an official ballot or official carrier envelope for an election; (F) the value of the property stolen is less than $20,000 and the property stolen is: (i) aluminum; (ii) bronze; (iii) copper; or (iv) brass; or (G) the cost of replacing the property stolen is less than $30,000 and the property stolen is a catalytic converter; (5) a felony of the third degree if the value of the property stolen is $30,000 or more but less than $150,000, or the property is: (A) cattle, horses, or exotic livestock or exotic fowl as defined by Section 142.001, Agriculture Code, stolen during a single transaction and having an aggregate value of less than $150,000; (B) 10 or more head of sheep, swine, or goats stolen during a single transaction and having an aggregate value of less than $150,000; or (C) a controlled substance, having a value of less than $150,000, if stolen from: (i) a commercial building in which a controlled substance is generally stored, including a pharmacy, clinic, hospital, nursing facility, or warehouse; or (ii) a vehicle owned or operated by a wholesale distributor of prescription drugs; (6) a felony of the second degree if: (A) the value of the property stolen is $150,000 or more but less than $300,000; or (B) the value of the property stolen is less than $300,000 and the property stolen is an automated teller machine or the contents or components of an automated teller machine; or (7) a felony of the first degree if the value of the property stolen is $300,000 or more. (f) An offense described for purposes of punishment by Subsections (e) (1)- (6) is increased to the next higher category of offense if it is shown on the trial of the offense that: (1) the actor was a public servant at the time of the offense and the property appropriated came into the actor"s custody, possession, or control by virtue of his status as a public servant; (2) the actor was in a contractual relationship with government at the time of the offense and the property appropriated came into the actor"s custody, possession, or control by virtue of the contractual relationship; (3) the owner of the property appropriated was at the time of the offense: (A) an elderly individual; or (B) a nonprofit organization; (4) the actor was a Medicare provider in a contractual relationship with the federal government at the time of the offense and the property appropriated came into the actor"s custody, possession, or control by virtue of the contractual relationship; or (5) during the commission of the offense, the actor intentionally, knowingly, or recklessly: (A) caused a fire exit alarm to sound or otherwise become activated; (B) deactivated or otherwise prevented a fire exit alarm or retail theft detector from sounding; or (C) used a shielding or deactivation instrument to prevent or attempt to prevent detection of the offense by a retail theft detector. (f-1) An offense described for purposes of punishment by Subsections (e) (4)- (6) is increased to the next higher category of offense if it is shown on the trial of the offense that: (1) the property stolen is a catalytic converter; and (2) the actor possessed a firearm during the commission of the offense. (f-2) An offense described for purposes of punishment by Subsections (e) (4)- (6) is increased to the next higher category of offense if it is shown on the trial of the offense that: (1) the property stolen was copper or brass; and (2) the actor committed the offense by unlawfully appropriating the property from a critical infrastructure facility or from equipment or communication wires appurtenant to or connected to the facility or on which the facility depends to properly function, regardless of whether the equipment or communication wires are enclosed by a fence or other barrier. (g) For the purposes of Subsection (a), a person is the owner of exotic livestock or exotic fowl as defined by Section 142.001, Agriculture Code, only if the person qualifies to claim the animal under Section 142.0021, Agriculture Code, if the animal is an estray. (h) In this section: (1) "Restricted-use pesticide" means a pesticide classified as a restricted-use pesticide by the administrator of the Environmental Protection Agency under 7 U.S.C. Section 136a, as that law existed on January 1, 1995, and containing an active ingredient listed in the federal regulations adopted under that law (40 C.F.R. Section 152.175) and in effect on that date. (2) "State-limited-use pesticide" means a pesticide classified as a state-limited-use pesticide by the Department of Agriculture under Section 76.003, Agriculture Code, as that section existed on January 1, 1995, and containing an active ingredient listed in the rules adopted under that section (4 TAC Section 7.24) as that section existed on that date. (3) "Nonprofit organization" means an organization that is exempt from federal income taxation under Section 501 (a), Internal Revenue Code of 1986, by being described as an exempt organization by Section 501 (c) (3) of that code. (4) "Automated teller machine" means an unstaffed electronic information processing device that, at the request of a user, performs a financial transaction through the direct transmission of electronic impulses to a financial institution or through the recording of electronic impulses or other indicia of a transaction for delayed transmission to a financial institution. The term includes an automated banking machine. (5) "Controlled substance" has the meaning assigned by Section 481.002, Health and Safety Code. (6) "Wholesale distributor of prescription drugs" means a wholesale distributor, as defined by Section 431.401, Health and Safety Code. (7) "Catalytic converter" means a catalytic converter and any material removed from the catalytic converter. (8) "Firearm" has the meaning assigned by Section 46.01. (i) For purposes of Subsection (c) (9), "livestock" and "commission merchant" have the meanings assigned by Section 147.001, Agriculture Code. (j) With the consent of the appropriate local county or district attorney, the attorney general has concurrent jurisdiction with that consenting local prosecutor to prosecute an offense under this section that involves the state Medicaid program.

CONSUMPTION OF ALCOHOLIC BEVERAGE ON PREMISES LICENSED FOR OFF-PREMISES CONSUMPTION. (a) A person commits an offense if the person knowingly consumes liquor or malt beverages on the premises of a holder of a wine and malt beverage retailer"s off-premise permit or a retail dealer"s off-premise license. (b) A person is presumed to have knowingly violated Subsection (a) of this section if the warning sign required by either Section 26.05 or 71.10 of this code is displayed on the premises. (c) Except as provided in Subsection (d) of this section, a violation of this section is a misdemeanor punishable by a fine of not less than $25 nor more than $200. (d) If a person has been convicted of a violation of this section occurring within a year of a subsequent violation, the subsequent violation is a misdemeanor punishable by a fine of not less than $100 nor more than $200.

CONSUMPTION OF ALCOHOLIC BEVERAGES NEAR SCHOOLS. (a) A person commits an offense if the person possesses an open container or consumes an alcoholic beverage on a public street, public alley, or public sidewalk within 1,000 feet of the property line of a facility that is a public or private school, including a parochial school, that provides all or any part of prekindergarten through twelfth grade. (b) This section does not apply to the possession of an open container or the consumption at an event duly authorized by appropriate authorities and held in compliance with all other applicable provisions of this code. (c) An offense under this section is a Class C misdemeanor. (d) In this section, "open container" has the meaning assigned in Section 109.35.

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.

ATTEMPT TO PURCHASE ALCOHOL BY A MINOR. (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.

DRIVING OR OPERATING WATERCRAFT UNDER THE INFLUENCE OF ALCOHOL BY MINOR. (a) A minor commits an offense if the minor operates a motor vehicle in a public place, or a watercraft, while having any detectable amount of alcohol in the minor"s system. (b) Except as provided by Subsection (c), an offense under this section 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 under this section, the offense is punishable by: (1) a fine of not less than $500 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, the court shall order a minor convicted of an offense under this section to perform community service for: (1) not less than 20 or more than 40 hours, if the minor has not been previously convicted of an offense under this section; or (2) not less than 40 or more than 60 hours, if the minor has been previously convicted of an offense under this section. (e) Community service ordered under this section must be related to education about or prevention of misuse of alcohol. (f) 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 or deferred adjudication. (g) An offense under this section is not a lesser included offense under Section 49.04, 49.045, 49.06, or 49.061, Penal Code. (h) For the purpose of determining whether a minor has been previously convicted of an offense under this section: (1) an adjudication under Title 3, Family Code, that the minor engaged in conduct described by this section is considered a conviction 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. (i) A peace officer who is charging a minor with committing an offense under this section is not required to take the minor into custody but may issue a citation to the minor that contains written notice of the time and place the minor must appear before a magistrate, the name and address of the minor charged, and the offense charged. (j) In this section: (1) "Child" has the meaning assigned by Section 51.02, Family Code. (2) "Motor vehicle" has the meaning assigned by Section 32.34 (a), Penal Code. (3) "Public place" has the meaning assigned by Section 1.07, Penal Code. (4) "Watercraft" has the meaning assigned by Section 49.01, Penal Code.

MISREPRESENTATION OF AGE BY A MINOR. (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.

SALE OF CIGARETTES, E-CIGARETTES, OR TOBACCO PRODUCTS TO PERSONS YOUNGER THAN 21 YEARS OF AGE PROHIBITED; PROOF OF AGE REQUIRED. (a) A person commits an offense if the person, with criminal negligence: (1) sells, gives, or causes to be sold or given a cigarette, e-cigarette, or tobacco product to someone who is younger than 21 years of age; or (2) sells, gives, or causes to be sold or given a cigarette, e-cigarette, or tobacco product to another person who intends to deliver it to someone who is younger than 21 years of age. (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, e-cigarettes, or tobacco products are sold at retail, the employee is criminally responsible for the offense and is subject to prosecution. (c) An offense under this section is a Class C misdemeanor. (d) It is a defense to prosecution under Subsection (a) (1) that the person to whom the cigarette, e-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 21 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. (f) It is an exception to the application of Subsection (a) (1) that the person to whom the cigarette, e-cigarette, or tobacco product was sold: (1) is at least 18 years of age; and (2) presented at the time of purchase a valid military identification card of the United States military forces or the state military forces.

POSSESSION, PURCHASE, CONSUMPTION, RECEIPT CIGARETTES, E-CIGARETTES, TOBACCO PRODUCTS MINORS PROHIBITED. (a) individual who younger than 21 years age commits offense if individual:(1) possesses, purchases, consumes, accepts cigarette, e-cigarette, tobacco product; or(2) falsely represents himself herself be 21 years age older displaying proof age that false, fraudulent, not actually proof individual"s own age order obtain possession of, purchase, receive cigarette, e-cigarette, tobacco product.(b) exception application this section that individual younger than 21 years age possessed cigarette, e-cigarette, tobacco product presence employer individual, if possession receipt cigarette, e-cigarette, tobacco product required performance employee"s duties employee.(c) exception application this section that individual younger than 21 years age participating inspection test compliance accordance Section 161.088.(c-1) exception application this section that individual younger than 21 years age:(1) least 18 years age; and(2) presents time purchase valid military identification card United States military forces state military forces.(d) offense under this section punishable fine not exceed $100.(e) conviction individual under this section, court shall give notice individual that individual may apply court have individual"s conviction expunged provided Section 161.255 after individual"s 21st birthday.

UNLAWFUL ELECTRONIC TRANSMISSION OF SEXUALLY EXPLICIT VISUAL MATERIAL. (a) In this section, "intimate parts," "sexual conduct," and "visual material" have the meanings assigned by Section 21.16. (b) A person commits an offense if the person knowingly transmits by electronic means visual material that: (1) depicts: (A) any person engaging in sexual conduct or with the person"s intimate parts exposed; or (B) covered genitals of a male person that are in a discernibly turgid state; and (2) is not sent at the request of or with the express consent of the recipient. (c) An offense under this section is a Class C misdemeanor. (d) 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.

ASSAULT. (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. (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; (2) 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: (A) it is shown on the trial of the offense that the defendant has been previously convicted of an offense that was committed: (i) 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; and (ii) under: (a) this chapter, Chapter 19, or Section 20.03, 20.04, 21.11, or 25.11; (b) Section 25.07, if the applicable violation was based on the commission of family violence as described by Subsection (a) (1) of that section; or (c) Section 25.072, if any of the applicable violations were based on the commission of family violence as described by Section 25.07 (a) (1); or (B) the offense is committed by intentionally, knowingly, or recklessly impeding the normal breathing or circulation of the blood of the person by applying pressure to the person"s throat or neck or by blocking the person"s nose or mouth; (3) a person who contracts with government to perform a service in a facility described 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; (4) a person the actor knows is a security officer while the officer is performing a duty as a security officer; (5) a person the actor knows is emergency services personnel while the person is providing emergency services; (6) a person the actor knows is a process server while the person is performing a duty as a process server; (7) a pregnant individual to force the individual to have an abortion; (8) a person the actor knows is pregnant at the time of the offense; (9) a person the actor knows is hospital personnel while the person is located on hospital property, including all land and buildings owned or leased by the hospital; or (10) a person the actor knows or reasonably should know is an employee or agent of a utility while the person is performing a duty within the scope of that employment or agency. (b-1) Notwithstanding Subsections (b) and (c), an offense under Subsection (a) is a felony of the third degree if the offense is committed: (1) by an actor who is committed to a civil commitment facility; and (2) against: (A) a person the actor knows is an officer or employee of the Texas Civil Commitment Office: (i) while the officer or employee is lawfully discharging an official duty; or (ii) in retaliation for or on account of an exercise of official power or performance of an official duty by the officer or employee; or (B) a person the actor knows is contracting with the state to perform a service in a civil commitment facility or an employee of that person: (i) while the person or employee is engaged in performing a service within the scope of the contract; or (ii) in retaliation for or on account of the person"s or employee"s performance of a service within the scope of the contract. (b-2) Notwithstanding Subsection (b) (1), an offense under Subsection (a) (1) is a felony of the second degree if the offense is committed against a person the actor knows is a peace officer or judge while the officer or judge 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 peace officer or judge. (b-3) Notwithstanding Subsection (b) (2), an offense under Subsection (a) (1) is a felony of the second degree if: (1) the offense is 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; (2) it is shown on the trial of the offense that the defendant has been previously convicted of an offense that was committed: (A) 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; and (B) under: (i) this chapter, Chapter 19, or Section 20.03, 20.04, 21.11, or 25.11; (ii) Section 25.07, if the applicable violation was based on the commission of family violence as described by Subsection (a) (1) of that section; or (iii) Section 25.072, if any of the applicable violations were based on the commission of family violence as described by Section 25.07 (a) (1); and (3) the offense is committed by intentionally, knowingly, or recklessly impeding the normal breathing or circulation of the blood of the person by applying pressure to the person"s throat or neck or by blocking the person"s nose or mouth. (b-4) Notwithstanding Subsection (b), an offense under Subsection (a) (1) is a felony of the third degree if it is shown on the trial of the offense that the actor committed the offense in the course of committing an offense under Section 20.05 (a) (2). (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; (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: (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; or (3) a Class A misdemeanor if the offense is committed against a pregnant individual to force the individual to have an abortion. (d) For purposes of Subsection (b), the actor is presumed to have known the person assaulted was a public servant, a security officer, an employee or agent of a utility, or emergency services personnel if the person was wearing a distinctive uniform or badge indicating the person"s employment, agency, or status, as applicable. (d-1) The actor is presumed to have known the person assaulted was a person described by Subsection (b-1) (2) (A) or (B), as applicable, if the person was wearing a distinctive uniform or badge indicating the person"s status as an officer or employee of the Texas Civil Commitment Office or a contractor or employee of a contractor performing a service in a civil commitment facility. (e) In this section: (1) "Emergency services personnel" includes firefighters, emergency medical services personnel as defined by Section 773.003, Health and Safety Code, emergency room personnel, and other individuals who, in the course and scope of employment or as a volunteer, provide services for the benefit of the general public during emergency situations. (1-a) "Hospital personnel" includes nurses, physicians, physician assistants, maintenance or janitorial staff, receptionists, and other individuals who are employed by or work in a facility that is licensed as a general hospital or special hospital, as those terms are defined by Section 241.003, Health and Safety Code, including a hospital maintained or operated by the state. (2) "Process server" has the meaning assigned by Section 156.001, Government Code. (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. (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. (5) "Utility" means: (A) an electric utility, as defined by Section 31.002, Utilities Code; (B) a telecommunications provider, as defined by Section 51.002, Utilities Code; (C) a cable service provider or video service provider, as defined by Section 66.002, Utilities Code; (D) a gas utility, as defined by Section 101.003, Utilities Code, which for the purposes of this subsection includes a municipally owned utility as defined by that section; (E) a gas utility, as defined by Section 121.001, Utilities Code; (F) a pipeline used for the transportation or sale of oil, gas, or related products; or (G) an electric cooperative or municipally owned utility, as defined by Section 11.003, Utilities Code. (f) For the purposes of Subsections (b) (2) (A) and (b-3) (2): (1) a defendant has been previously convicted of an offense listed in those subsections 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 (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 those subsections is a conviction of the offense listed. (g) If conduct constituting an offense under this section also constitutes an offense under another section of this code, the actor may be prosecuted under either section or both sections.

LEAVING A CHILD IN A VEHICLE. (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. (b) An offense under this section is a Class C misdemeanor.

CRIMINAL MISCHIEF. (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. (b) Except as provided by Subsections (f) and (h), an offense under this section is: (1) a Class C misdemeanor if: (A) the amount of pecuniary loss is less than $100; 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 $100 or more but less than $750; (3) a Class A misdemeanor if: (A) the amount of pecuniary loss is $750 or more but less than $2,500; or (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; (4) a state jail felony if the amount of pecuniary loss is: (A) $2,500 or more but less than $30,000; (B) except as provided in Subdivision (6) (B), less than $2,500, if the property damaged or destroyed is a habitation and if the damage or destruction is caused by a firearm or explosive weapon; (C) less than $2,500, 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; (D) less than $30,000 and the actor: (i) causes wholly or partly impairment or interruption of property used for flood control purposes or a dam or of public communications, public transportation, public gas supply, or other public service; or (ii) causes to be diverted wholly, partly, or in any manner, including installation or removal of any device for any such purpose, any public communications or public gas supply; or (E) less than $30,000, if the property is a motor vehicle that is damaged, destroyed, or tampered with during the removal or attempted removal of a catalytic converter from the motor vehicle; (5) a felony of the third degree if: (A) the amount of the pecuniary loss is $30,000 or more but less than $150,000; (B) the actor, by discharging a firearm or other weapon or by any other means, causes the death of one or more head of cattle or bison or one or more horses; (C) the actor causes wholly or partly impairment or interruption of access to an automated teller machine, regardless of the amount of the pecuniary loss; or (D) the amount of pecuniary loss is less than $150,000 and the actor: (i) causes wholly or partly impairment or interruption of property used for public power supply; or (ii) causes to be diverted wholly, partly, or in any manner, including installation or removal of any device for any such purpose, any public power supply; (6) a felony of the second degree if the amount of pecuniary loss is: (A) $150,000 or more but less than $300,000; or (B) $1,000 or more but less than $300,000, if: (i) the property damaged or destroyed is a habitation; and (ii) it is shown on the trial of the offense that the actor committed the offense in the course of committing an offense under Section 30.05; or (7) a felony of the first degree if the amount of pecuniary loss is $300,000 or more. (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. (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 Commission on Environmental Quality or any such services enfranchised by the State of Texas or any political subdivision thereof. (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. (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 $750 or more but less than $30,000. (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 (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. (4) "Aluminum wiring" means insulated or noninsulated wire or cable that consists of at least 50 percent aluminum, including any tubing or conduit attached to the wire or cable. (5) "Bronze wiring" means insulated or noninsulated wire or cable that consists of at least 50 percent bronze, including any tubing or conduit attached to the wire or cable. (6) "Copper wiring" means insulated or noninsulated wire or cable that consists of at least 50 percent copper, including any tubing or conduit attached to the wire or cable. (7) "Transportation communications equipment" means: (A) an official traffic-control device, railroad sign or signal, or traffic-control signal, as those terms are defined by Section 541.304, Transportation Code; or (B) a sign, signal, or device erected by a railroad, public body, or public officer to direct the movement of a railroad train, as defined by Section 541.202, Transportation Code. (8) "Transportation communications device" means any item attached to transportation communications equipment, including aluminum wiring, bronze wiring, and copper wiring. (9) "Automated teller machine" has the meaning assigned by Section 31.03. (10) "Critical infrastructure facility" has the meaning assigned by Section 31.01. (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 $750 or more but less than $30,000 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 listed in rules adopted by the Texas Animal Health Commission under Section 161.041 (a), Agriculture Code. In this subsection, "livestock" has the meaning assigned by Section 161.001, Agriculture Code. (j) Notwithstanding Subsection (b), an offense under this section is a felony of the third degree if: (1) the tangible property damaged, destroyed, or tampered with is transportation communications equipment or a transportation communications device; and (2) the amount of the pecuniary loss to the tangible property is less than $150,000. (k) Subsection (a) (1) or (2) does not apply if the tangible personal property of the owner was a head of cattle or bison killed, or a horse killed, in the course of the actor"s: (1) actual discharge of official duties as a member of the United States armed forces or the state military forces as defined by Section 437.001, Government Code; or (2) regular agricultural labor duties and practices. (l) Notwithstanding Subsection (b), an offense under this section is a felony of the third degree if: (1) the actor committed the offense by damaging or destroying: (A) a copper or brass component of a critical infrastructure facility; or (B) equipment or communication wires appurtenant to or connected to a copper or brass component of the facility or on which the facility depends to properly function, regardless of whether the equipment or communication wires are enclosed by a fence or other barrier; and (2) the damage or destruction causes, wholly or partly, the impairment or interruption of the facility or the equipment or communication wires.

RECKLESS DAMAGE OR DESTRUCTION. (a) A person commits an offense if, without the effective consent of the owner, he recklessly damages or destroys property of the owner. (b) An offense under this section is a Class C misdemeanor.

THEFT OF SERVICE. (a) A person commits theft of service if, with intent to avoid payment for service that the actor knows is provided only for compensation: (1) the actor intentionally or knowingly secures performance of the service by deception, threat, or false token; (2) having control over the disposition of services of another to which the actor is not entitled, the actor intentionally or knowingly diverts the other"s services to the actor"s own benefit or to the benefit of another not entitled to the services; (3) having control of personal property under a written rental agreement, the actor holds the property beyond the expiration of the rental period without the effective consent of the owner of the property, thereby depriving the owner of the property of its use in further rentals; or (4) the actor intentionally or knowingly secures the performance of the service by agreeing to provide compensation and, after the service is rendered, fails to make full payment after receiving notice demanding payment. (b) For purposes of this section, intent to avoid payment is presumed if any of the following occurs: (1) the actor absconded without paying for the service or expressly refused to pay for the service in circumstances where payment is ordinarily made immediately upon rendering of the service, as in hotels, campgrounds, recreational vehicle parks, restaurants, and comparable establishments; (2) the actor failed to make payment under a service agreement within 10 days after receiving notice demanding payment; (3) the actor returns property held under a rental agreement after the expiration of the rental agreement and fails to pay the applicable rental charge for the property within 10 days after the date on which the actor received notice demanding payment; (4) the actor failed to return the property held under a rental agreement: (A) within five days after receiving notice demanding return, if the property is valued at less than $2,500; (B) within three days after receiving notice demanding return, if the property is valued at $2,500 or more but less than $10,000; or (C) within two days after receiving notice demanding return, if the property is valued at $10,000 or more; or (5) the actor: (A) failed to return the property held under an agreement described by Subsections (d-2) (1)- (3) within five business days after receiving notice demanding return; and (B) has made fewer than three complete payments under the agreement. (b-1) For purposes of Subsection (a) (4), notice must be: (1) in writing; (2) sent by: (A) registered or certified mail with return receipt requested; (B) commercial delivery service; (C) e-mail; or (D) text message; and (3) sent to the actor using the actor"s mailing address, e-mail address, phone number, or other method of contact, as appropriate, shown on: (A) the rental agreement or service agreement; (B) records of the person whose service was secured; or (C) if the actor secured performance of service by issuing or passing a check or similar sight order for the payment of money, using the actor"s address shown on: (i) the check or order; or (ii) the records of the bank or other drawee on which the check or order is drawn. (c) For purposes of Subsections (b) (2), (b) (4), and (b) (5), notice must be: (1) in writing; (2) sent by: (A) registered or certified mail with return receipt requested; or (B) commercial delivery service; and (3) sent to the actor using the actor"s mailing address shown on: (A) the rental agreement or service agreement; (B) records of the person whose service was secured; or (C) if the actor secured performance of service by issuing or passing a check or similar sight order for the payment of money, using the actor"s address shown on: (i) the check or order; or (ii) the records of the bank or other drawee on which the check or order is drawn. (d) Except as otherwise provided by this subsection, if written notice is given in accordance with Subsection (b-1) or (c), it is presumed that the notice was received not later than two days after the notice was sent. For purposes of Subsections (b) (4) (A) and (B) and (b) (5), if written notice is given in accordance with Subsection (c), it is presumed that the notice was received not later than five days after the notice was sent. (d-1) For purposes of Subsection (a) (2), the diversion of services to the benefit of a person who is not entitled to those services includes the disposition of personal property by an actor having control of the property under an agreement described by Subsections (d-2) (1)- (3), if the actor disposes of the property in violation of the terms of the agreement and to the benefit of any person who is not entitled to the property. (d-2) For purposes of Subsection (a) (3), the term "written rental agreement" does not include an agreement that: (1) permits an individual to use personal property for personal, family, or household purposes for an initial rental period; (2) is automatically renewable with each payment after the initial rental period; and (3) permits the individual to become the owner of the property. (d-3) For purposes of Subsection (a) (4): (1) if the compensation is or was to be paid on a periodic basis, the intent to avoid payment for a service may be formed at any time during or before a pay period; (2) the partial payment of wages alone is not sufficient evidence to negate the actor"s intent to avoid payment for a service; and (3) the term "service" does not include leasing personal property under an agreement described by Subsections (d-2) (1)- (3). (d-4) A presumption established under Subsection (b) involving a defendant"s failure to return property held under an agreement described by Subsections (d-2) (1)- (3) may be refuted if the defendant shows that the defendant: (1) intended to return the property; and (2) was unable to return the property. (d-5) For purposes of Subsection (b) (5), "business day" means a day other than Sunday or a state or federal holiday. (e) An offense under this section is: (1) a Class C misdemeanor if the value of the service stolen is less than $100; (2) a Class B misdemeanor if the value of the service stolen is $100 or more but less than $750; (3) a Class A misdemeanor if the value of the service stolen is $750 or more but less than $2,500; (4) a state jail felony if the value of the service stolen is $2,500 or more but less than $30,000; (5) a felony of the third degree if the value of the service stolen is $30,000 or more but less than $150,000; (6) a felony of the second degree if the value of the service stolen is $150,000 or more but less than $300,000; or (7) a felony of the first degree if the value of the service stolen is $300,000 or more. (f) Notwithstanding any other provision of this code, any police or other report of stolen vehicles by a political subdivision of this state shall include on the report any rental vehicles whose renters have been shown to such reporting agency to be in violation of Subsection (b) (2) and shall indicate that the renting agency has complied with the notice requirements demanding return as provided in this section. (g) It is a defense to prosecution under this section that: (1) the defendant secured the performance of the service by giving a post-dated check or similar sight order to the person performing the service; and (2) the person performing the service or any other person presented the check or sight order for payment before the date on the check or sight order.

FRAUDULENT DESTRUCTION, REMOVAL, OR CONCEALMENT OF WRITING. (a) A person commits an offense if, with intent to defraud or harm another, he destroys, removes, conceals, alters, substitutes, or otherwise impairs the verity, legibility, or availability of a writing, other than a governmental record. (b) For purposes of this section, "writing" includes: (1) printing or any other method of recording information; (2) money, coins, tokens, stamps, seals, credit cards, badges, trademarks; (3) symbols of value, right, privilege, or identification; and (4) universal product codes, labels, price tags, or markings on goods. (c) Except as provided by Subsection (d), an offense under this section is a Class A misdemeanor, provided that: (1) the writing is not attached to tangible property to indicate the price for the sale of that property; and (2) the actor did not engage in the conduct described by Subsection (a) with respect to that writing for the purpose of obtaining the property for a lesser price indicated by a separate writing. (d) An offense under this section is a state jail felony if the writing: (1) is a will or codicil of another, whether or not the maker is alive or dead and whether or not it has been admitted to probate; or (2) is a deed, mortgage, deed of trust, security instrument, security agreement, or other writing for which the law provides public recording or filing, whether or not the writing has been acknowledged. (e) If at the time of the offense the writing was attached to tangible property to indicate the price for the sale of that property and the actor engaged in the conduct described by Subsection (a) with respect to that writing for the purpose of obtaining the property for a lesser price indicated by a separate writing, an offense under this section is: (1) a Class C misdemeanor if the difference between the impaired writing and the lesser price indicated by the other writing is less than $100; (2) a Class B misdemeanor if the difference between the impaired writing and the lesser price indicated by the other writing is $100 or more but less than $750; (3) a Class A misdemeanor if the difference between the impaired writing and the lesser price indicated by the other writing is $750 or more but less than $2,500; (4) a state jail felony if the difference between the impaired writing and the lesser price indicated by the other writing is $2,500 or more but less than $30,000; (5) a felony of the third degree if the difference between the impaired writing and the lesser price indicated by the other writing is $30,000 or more but less than $150,000; (6) a felony of the second degree if the difference between the impaired writing and the lesser price indicated by the other writing is $150,000 or more but less than $300,000; or (7) a felony of the first degree if the difference between the impaired writing and the lesser price indicated by the other writing is $300,000 or more.

FAILURE TO IDENTIFY. (a) A person commits an offense if he intentionally refuses to give his name, residence address, or date of birth to a peace officer who has lawfully arrested the person and requested the information. (b) A person commits an offense if he intentionally gives a false or fictitious name, residence address, or date of birth to a peace officer who has: (1) lawfully arrested the person; (2) lawfully detained the person; or (3) requested the information from a person that the peace officer has good cause to believe is a witness to a criminal offense. (b-1) A person commits an offense if the person: (1) is an operator of a motor vehicle, as defined by Section 32.34, who is lawfully detained by a peace officer for an alleged violation of a law; (2) fails to provide or display the person"s driver"s license on the officer"s request for the license; and (3) intentionally refuses to give the person"s name, driver"s license number, residence address, or date of birth to the peace officer on the officer"s request for that information. (b-2) For purposes of Subsection (b-1) (3), giving a peace officer a residence address that is different from the address associated with the person"s driver"s license does not constitute a refusal to give the person"s residence address in violation of that provision if the address given to the officer is the person"s actual residence address. (c) Except as provided by Subsections (d) and (d-1), an offense under this section is: (1) a Class C misdemeanor if the offense is committed under Subsection (a) or (b-1); or (2) a Class B misdemeanor if the offense is committed under Subsection (b). (d) If it is shown on the trial of an offense under this section that the defendant was a fugitive from justice at the time of the offense, the offense is: (1) a Class B misdemeanor if the offense is committed under Subsection (a); or (2) a Class A misdemeanor if the offense is committed under Subsection (b). (d-1) An offense under Subsection (b-1) is a Class B misdemeanor if it is shown on the trial of the offense that the actor gave a false or fictitious name to the peace officer during the commission of the offense. (e) If conduct that constitutes an offense under this section also constitutes an offense under Section 106.07, Alcoholic Beverage Code, the actor may be prosecuted only under Section 106.07. (f) Subject to Subsection (e), if conduct that constitutes an offense under Subsection (b-1) also constitutes an offense under any other law, the actor may be prosecuted under that subsection, the other law, or both.

CONTRABAND IN CORRECTIONAL FACILITY. (a) A person commits an offense if the person: (1) provides contraband to an inmate of a correctional facility; (2) otherwise introduces contraband into a correctional facility; or (3) possesses contraband while confined in a correctional facility. (b) In this section, "contraband": (1) means: (A) any item not provided by or authorized by the operator of the correctional facility; or (B) any item provided by or authorized by the operator of the correctional facility that has been altered to accommodate a use other than the originally intended use; and (2) does not include any item specifically prohibited under Section 38.11. (c) An offense under this section is a Class C misdemeanor, unless the offense is committed by an employee or a volunteer of the correctional facility, in which event the offense is a Class B misdemeanor. (d) In this section, "correctional facility" means: (1) any place described by Section 1.07 (a) (14); or (2) a "secure correctional facility" or "secure detention facility" as those terms are defined by Section 51.02, Family Code.

DISORDERLY CONDUCT. (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

DISORDERLY CONDUCT. (a) A person commits an offense if he intentionally or knowingly: (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

DISORDERLY CONDUCT. (a) A person commits an offense if he intentionally or knowingly: (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. (a-1) For purposes of Subsection (a), the term "public place" includes a public school campus or the school grounds on which a public school is located.

DISORDERLY CONDUCT. (a) A person commits an offense if he intentionally or knowingly: (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

DISORDERLY CONDUCT. (a) A person commits an offense if he intentionally or knowingly: (3) creates, by chemical means, a noxious and unreasonable odor in a public place

DISORDERLY CONDUCT. (a) A person commits an offense if he intentionally or knowingly: (4) abuses or threatens a person in a public place in an obviously offensive manner

DISORDERLY CONDUCT. (a) A person commits an offense if he intentionally or knowingly:(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

DISORDERLY CONDUCT. (a) A person commits an offense if he intentionally or knowingly: (6) fights with another in a public place

DISORDERLY CONDUCT. (a) A person commits an offense if he intentionally or knowingly: (9) discharges a firearm on or across a public road

CRUELTY TO NONLIVESTOCK ANIMALS. (a) In this section: (1) "Abandon" includes abandoning an animal in the person"s custody without making reasonable arrangements for assumption of custody by another person. (2) "Animal" means a domesticated living creature, including any stray or feral cat or dog, and a wild living creature previously captured. The term does not include an uncaptured wild living creature or a livestock animal. (3) "Cruel manner" includes a manner that causes or permits unjustified or unwarranted pain or suffering. (4) "Custody" includes responsibility for the health, safety, and welfare of an animal subject to the person"s care and control, regardless of ownership of the animal. (5) "Depredation" has the meaning assigned by Section 71.001, Parks and Wildlife Code. (6) "Livestock animal" has the meaning assigned by Section 42.09. (7) "Necessary food, water, care, or shelter" includes food, water, care, or shelter provided to the extent required to maintain the animal in a state of good health. (8) "Torture" includes any act that causes unjustifiable pain or suffering. (9) "Trap-Neuter-Return Program" means a nonlethal population control practice in which an animal is: (A) trapped; (B) evaluated by a veterinarian; (C) if unvaccinated, vaccinated by a veterinarian; (D) if unsterilized, sterilized by a veterinarian; (E) marked by a veterinarian, whether by notching or tipping one ear or otherwise; and (F) returned to the trap location. (10) "Veterinarian" shall have the same meaning as set forth in Section 801.002, Occupations Code. (b) A person commits an offense if the person intentionally, knowingly, recklessly, or with criminal negligence: (1) tortures an animal or in a cruel manner kills or causes serious bodily injury to an animal; (2) without the owner"s effective consent, kills, administers poison to, or causes serious bodily injury to an animal; (3) fails unreasonably to provide necessary food, water, care, or shelter for an animal in the person"s custody; (4) abandons unreasonably an animal in the person"s custody; (5) transports or confines an animal in a cruel manner; (6) without the owner"s effective consent, causes bodily injury to an animal; (7) causes one animal to fight with another animal, if either animal is not a dog; (8) uses a live animal as a lure in dog race training or in dog coursing on a racetrack; or (9) seriously overworks an animal. (c) An offense under Subsection (b) (3), (4), (5), (6), or (9) is a Class A misdemeanor, except that the offense is a state jail felony if the person has previously been convicted two times under this section, two times under Section 42.09, or one time under this section and one time under Section 42.09. (c-1) An offense under Subsection (b) (1) or (2) is a felony of the third degree, except that the offense is a felony of the second degree if the person has previously been convicted under Subsection (b) (1), (2), (7), or (8) or under Section 42.09. (c-2) An offense under Subsection (b) (7) or (8) is a state jail felony, except that the offense is a felony of the third degree if the person has previously been convicted under this section or under Section 42.09. (d) It is a defense to prosecution under this section that: (1) the actor had a reasonable fear of bodily injury to the actor or to another person by a dangerous wild animal as defined by Section 822.101, Health and Safety Code; or (2) the actor was engaged in bona fide experimentation for scientific research. (d-1) It is a defense to prosecution for alleged criminal negligence that the conduct occurred during the actual discharge of the actor"s duties while employed as a veterinarian licensed under Chapter 801, Occupations Code, or as a person assisting the veterinarian. (e) It is a defense to prosecution under Subsection (b) (2) or (6) that: (1) the animal was discovered on the person"s property in the act of or after injuring or killing the person"s livestock animals or damaging the person"s crops and that the person killed or injured the animal at the time of this discovery; or (2) the person killed or injured the animal within the scope of the person"s employment as a public servant or in furtherance of activities or operations associated with electricity transmission or distribution, electricity generation or operations associated with the generation of electricity, or natural gas delivery. (e-1) It is a defense to prosecution under Subsection (b) (4) that the actor released or returned a stray or feral animal which is not a wild living creature pursuant to a Trap-Neuter-Return Program. (e-2) It is a defense to prosecution under Subsection (b) (4) that the actor released or returned a previously trapped wild living creature in accordance with Texas wildlife laws and regulations. (f) It is an exception to the application of this section that the conduct engaged in by the actor is a generally accepted and otherwise lawful: (1) form of conduct occurring solely for the purpose of or in support of: (A) fishing, hunting, or trapping; or (B) wildlife management, wildlife or depredation control, or shooting preserve practices as regulated by state and federal law; or (2) animal husbandry or agriculture practice involving livestock animals. (g) This section does not create a civil cause of action for damages or enforcement of the section.

DOG FIGHTING. (a) A person commits an offense if the person intentionally or knowingly: (1) causes a dog to fight with another dog; (2) participates in the earnings of or operates a facility used for dog fighting; (3) uses or permits another to use any real estate, building, room, tent, arena, or other property for dog fighting; (4) owns or possesses dog-fighting equipment with the intent that the equipment be used to train a dog for dog fighting or in furtherance of dog fighting; (5) owns or trains a dog with the intent that the dog be used in an exhibition of dog fighting; or (6) attends as a spectator an exhibition of dog fighting. (b) In this section: (1) "Dog fighting" means any situation in which one dog attacks or fights with another dog. (2) "Dog-fighting equipment" has the meaning assigned by Article 18.18 (g), Code of Criminal Procedure. (c) A conviction under Subsection (a) (2) or (3) may be had upon the uncorroborated testimony of a party to the offense. (d) It is a defense to prosecution under Subsection (a) (1) that the actor caused a dog to fight with another dog to protect livestock, other property, or a person from the other dog, and for no other purpose. (e) An offense under Subsection (a) (4), (5), or (6) is a Class A misdemeanor. An offense under Subsection (a) (1), (2), or (3) is a state jail felony.

COCKFIGHTING. (a) In this section: (1) "Bridle" means a leather device designed to fit over the head and beak of a cock to prevent the cock from injuring another cock. (2) "Cock" means the male of any type of domestic fowl. (3) "Cockfighting" means any situation in which one cock attacks or fights with another cock. (4) "Gaff" means an artificial steel spur designed to attach to the leg of a cock to replace or supplement the cock"s natural spur. (5) "Slasher" means a steel weapon resembling a curved knife blade designed to attach to the foot of a cock. (b) A person commits an offense if the person knowingly: (1) causes a cock to fight with another cock; (2) participates in the earnings of a cockfight; (3) uses or permits another to use any real estate, building, room, tent, arena, or other property for cockfighting; (4) owns or trains a cock with the intent that the cock be used in an exhibition of cockfighting; (5) manufactures, buys, sells, barters, exchanges, possesses, advertises, or otherwise offers a gaff, slasher, or other sharp implement designed for attachment to a cock with the intent that the implement be used in cockfighting; or (6) attends as a spectator an exhibition of cockfighting. (c) It is an affirmative defense to prosecution under this section that the actor"s conduct: (1) occurred solely for the purpose of or in support of breeding cocks for poultry shows in which a cock is judged by the cock"s physical appearance; or (2) was incidental to collecting bridles, gaffs, or slashers. (d) An affirmative defense to prosecution is not available under Subsection (c) if evidence shows that the actor is also engaging in use of the cocks for cockfighting. (e) It is a defense to prosecution for an offense under this section that: (1) the actor was engaged in bona fide experimentation for scientific research; or (2) the conduct engaged in by the actor is a generally accepted and otherwise lawful animal husbandry or agriculture practice involving livestock animals. (f) It is an exception to the application of Subsection (b) (6) that the actor is 15 years of age or younger at the time of the offense. (g) An offense under Subsection (b) (1) or (2) is a state jail felony. An offense under Subsection (b) (3), (4), or (5) is a Class A misdemeanor. An offense under Subsection (b) (6) is a Class C misdemeanor, except that the offense is a Class A misdemeanor if it is shown on the trial of the offense that the person has been previously convicted of an offense under that subdivision.

SMOKING TOBACCO. (a) In this section, "e-cigarette" has the meaning assigned by Section 161.081, Health and Safety Code. (a-1) A person commits an offense if the person is in possession of a burning tobacco product, smokes tobacco, or operates an e-cigarette in a facility of a public primary or secondary school or an elevator, enclosed theater or movie house, library, museum, hospital, transit system bus, intrastate bus, plane, or train which is a public place. (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-1) 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. (d) It is an exception to the application of Subsection (a-1) if the person is in possession of the burning tobacco product, smokes tobacco, or operates the e-cigarette exclusively within an area designated for smoking tobacco or operating an e-cigarette or as a participant in an authorized theatrical performance. (e) An area designated for smoking tobacco or operating an e-cigarette 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. (f) An offense under this section is punishable as a Class C misdemeanor.

PROHIBITED CAMPING. (a) In this section: (1) "Camp" means to reside temporarily in a place, with shelter. (2) "Shelter" includes a tent, tarpaulin, lean-to, sleeping bag, bedroll, blankets, or any form of temporary, semipermanent, or permanent shelter, other than clothing or any handheld device, designed to protect a person from weather conditions that threaten personal health and safety. (b) A person commits an offense if the person intentionally or knowingly camps in a public place without the effective consent of the officer or agency having the legal duty or authority to manage the public place. (c) The actor"s intent or knowledge may be established through evidence of activities associated with sustaining a living accommodation that are conducted in a public place, including: (1) cooking; (2) making a fire; (3) storing personal belongings for an extended period; (4) digging; or (5) sleeping. (d) Consent given by an officer or agency of a political subdivision is not effective for purposes of Subsection (b), unless given to authorize the person to camp for: (1) recreational purposes; (2) purposes of sheltering homeless individuals, if the property on which the camping occurs is subject to a plan approved under Subchapter PP, Chapter 2306, Government Code, and the camping occurs in a manner that complies with the plan; (3) purposes permitted by a beach access plan that has been approved under Section 61.015, Natural Resources Code, and the camping occurs in a manner that complies with the plan; or (4) purposes related to providing emergency shelter during a disaster declared under Section 418.014, Government Code, or a local disaster declared under Section 418.108 of that code. (e) An offense under this section is a Class C misdemeanor. (f) This section does not preempt an ordinance, order, rule, or other regulation adopted by a state agency or political subdivision relating to prohibiting camping in a public place or affect the authority of a state agency or political subdivision to adopt or enforce an ordinance, order, rule, or other regulation relating to prohibiting camping in a public place if the ordinance, order, rule, or other regulation: (1) is compatible with and equal to or more stringent than the offense prescribed by this section; or (2) relates to an issue not specifically addressed by this section. (g) Except as provided by Subsection (h), before or at the time a peace officer issues a citation to a person for an offense under this section, the peace officer must make a reasonable effort to: (1) advise the person of an alternative place at which the person may lawfully camp; and (2) contact, if reasonable and appropriate, an appropriate official of the political subdivision in which the public place is located, or an appropriate nonprofit organization operating within that political subdivision, and request the official or organization to provide the person with: (A) information regarding the prevention of human trafficking; or (B) any other services that would reduce the likelihood of the person suspected of committing the offense continuing to camp in the public place. (h) Subsection (g) does not apply if the peace officer determines there is an imminent threat to the health or safety of any person to the extent that compliance with that subsection is impracticable. (i) If the person is arrested or detained solely for an offense under this section, a peace officer enforcing this section shall ensure that all of the person"s personal property not designated as contraband under other law is preserved by: (1) permitting the person to remove all the property from the public place at the time of the person"s departure; or (2) taking custody of the property and allowing the person to retrieve the property after the person is released from custody. (j) A fee may not be charged for the storage or release of property under Subsection (i) (2).

TAMPERING WITH WARNING DEVICES. (a) A person commits an offense if the person tampers with, damages, or removes a barricade, flare pot, sign, flasher signal, or other device warning of construction, repair, or detour on or adjacent to a highway set out by the state, a political subdivision, a contractor, or a public utility. (b) This section does not apply to a person acting within the scope and duty of employment if the person is: (1) an officer, agent, independent contractor, employee, or trustee of the state or a political subdivision; (2) a contractor; or (3) a public utility. (c) An offense under this section is a misdemeanor punishable by: (1) a fine of not less than $25 or more than $1,000; (2) confinement in a county jail for a term not to exceed two years; or (3) both the fine and the confinement. (d) In this section: (1) "Contractor" means a person engaged in highway construction or repair under contract with this state or a political subdivision of this state. (2) "Highway" means the entire width between the boundary lines of a publicly maintained way, any part of which is open to the public for vehicular travel or any part of which is under construction or repair and intended for public vehicular travel on completion. The term includes the space above or below the highway surface. (3) "Person" means an individual, firm, association, or corporation and includes an officer, agent, independent contractor, employee, or trustee of that individual or entity. (4) "Political subdivision" includes a county, municipality, local board, or other body of this state having authority to authorize highway construction or repair. (5) "Public utility" means: (A) a telegraph, telephone, water, gas, light, or sewage company or cooperative; (B) a contractor of a company or cooperative described by Subdivision (A); or (C) another business recognized by the legislature as a public utility.

GENERAL VIOLATION. (a) Except as provided by Section 521.452, a person may not: (1) display, cause or permit to be displayed, or have in the person"s possession a driver"s license or certificate that the person knows is fictitious or has been altered; (2) lend the person"s driver"s license or certificate to another person or knowingly permit another person to use the person"s driver"s license or certificate; (3) display or represent as the person"s own a driver"s license or certificate not issued to the person; (4) possess more than one currently valid driver"s license or more than one currently valid certificate; or (5) in an application for an original, renewal, or duplicate driver"s license or certificate: (A) provide a false name, false address, or a counterfeit document; or (B) knowingly make a false statement, conceal a material fact, or otherwise commit fraud. (b) An offense under this section is a Class A misdemeanor. (c) If conduct that constitutes an offense under Subsection (a) also constitutes an offense under Section 106.07, Alcoholic Beverage Code, the actor may be prosecuted only under Section 106.07, Alcoholic Beverage Code.

PERMITTING UNAUTHORIZED PERSON DRIVE. (a) person may not knowingly permit cause person"s child ward who under 18 years age operate motor vehicle highway violation this chapter.(b) person may not authorize knowingly permit motor vehicle owned under control person be operated highway any person violation this chapter.

COMPLIANCE WITH OR VIOLATION OF PROMISE TO APPEAR. (a) A person may comply with a written promise to appear in court by an appearance by counsel. (b) A person who wilfully violates a written promise to appear in court, given as provided by this subchapter, commits a misdemeanor regardless of the disposition of the charge on which the person was arrested.

INTERFERENCE WITH TRAFFIC-CONTROL DEVICE OR RAILROAD SIGN OR SIGNAL. A person may not, without lawful authority, alter, injure, knock down, or remove or attempt to alter, injure, knock down, or remove: (1) an official traffic-control device or railroad sign or signal; (2) an inscription, shield, or insignia on an official traffic-control device or railroad sign or signal; or (3) another part of an official traffic-control device or railroad sign or signal.

DUTY ON STRIKING UNATTENDED VEHICLE. (a) The operator of a vehicle that collides with and damages an unattended vehicle shall immediately stop and: (1) locate the operator or owner of the unattended vehicle and give that person the name and address of the operator and the owner of the vehicle that struck the unattended vehicle; or (2) leave in a conspicuous place in, or securely attach in a plainly visible way to, the unattended vehicle a written notice giving the name and address of the operator and the owner of the vehicle that struck the unattended vehicle and a statement of the circumstances of the collision. (b) A person commits an offense if the person violates Subsection (a). An offense under this section is: (1) a Class C misdemeanor, if the damage to all vehicles involved is less than $200; or (2) a Class B misdemeanor, if the damage to all vehicles involved is $200 or more.

DUTY ON STRIKING STRUCTURE, FIXTURE, OR HIGHWAY LANDSCAPING. (a) The operator of a vehicle involved in a collision resulting only in damage to a structure adjacent to a highway or a fixture or landscaping legally on or adjacent to a highway shall: (1) take reasonable steps to locate and notify the owner or person in charge of the property of the collision and of the operator"s name and address and the registration number of the vehicle the operator was driving; and (2) if requested and available, show the operator"s driver"s license to the owner or person in charge of the property. (b) A person commits an offense if the person violates Subsection (a). An offense under this section is: (1) a Class C misdemeanor, if the damage to all fixtures and landscaping is less than $200; or (2) a Class B misdemeanor, if the damage to all fixtures and landscaping is $200 or more.

GENERAL OPERATION. (a) A person operating a bicycle shall ride only on or astride a permanent and regular seat attached to the bicycle. (b) A person may not use a bicycle to carry more persons than the bicycle is designed or equipped to carry. (c) A person operating a bicycle may not use the bicycle to carry an object that prevents the person from operating the bicycle with at least one hand on the handlebars of the bicycle. (d) A person operating a bicycle, coaster, sled, or toy vehicle or using roller skates may not attach either the person or the bicycle, coaster, sled, toy vehicle, or roller skates to a streetcar or vehicle on a roadway.

REMOVING MATERIAL FROM HIGHWAY. (a) A person who drops or permits to be dropped or thrown on a highway destructive or injurious material shall immediately remove the material or cause it to be removed. (b) A person who removes a wrecked or damaged vehicle from a highway shall remove glass or another injurious substance dropped on the highway from the vehicle.