Title PE, Penal Code

Sec. 47.01. DEFINITIONS. In this chapter: (1) "Bet" means an agreement to win or lose something of value solely or partially by chance. A bet does not include: (A) contracts of indemnity or guaranty, or life, health, property, or accident insurance; (B) an offer of a prize, award…

Sec. 47.02. GAMBLING. (a) A person commits an offense if he: (1) makes a bet on the partial or final result of a game or contest or on the performance of a participant in a game or contest; (2) makes a bet on the result of any political nomination, appointment, or election or on …

Sec. 47.03. GAMBLING PROMOTION. (a) A person commits an offense if he intentionally or knowingly does any of the following acts: (1) operates or participates in the earnings of a gambling place; (2) engages in bookmaking; (3) for gain, becomes a custodian of anything of value bet…

Sec. 47.04. KEEPING A GAMBLING PLACE. (a) A person commits an offense if he knowingly uses or permits another to use as a gambling place any real estate, building, room, tent, vehicle, boat, or other property whatsoever owned by him or under his control, or rents or lets any such…

Sec. 47.05. COMMUNICATING GAMBLING INFORMATION. (a) A person commits an offense if, with the intent to further gambling, he knowingly communicates information as to bets, betting odds, or changes in betting odds or he knowingly provides, installs, or maintains equipment for the t…

Sec. 47.06. POSSESSION OF GAMBLING DEVICE, EQUIPMENT, OR PARAPHERNALIA. (a) A person commits an offense if, with the intent to further gambling, he knowingly owns, manufactures, transfers, or possesses any gambling device that he knows is designed for gambling purposes or any equ…

Sec. 47.07. EVIDENCE. In any prosecution under this chapter in which it is relevant to prove the occurrence of a sporting event, a published report of its occurrence in a daily newspaper, magazine, or other periodically printed publication of general circulation shall be admissib…

Sec. 47.08. TESTIMONIAL IMMUNITY. (a) A party to an offense under this chapter may be required to furnish evidence or testify about the offense. (b) A party to an offense under this chapter may not be prosecuted for any offense about which he is required to furnish evidence or te…

Sec. 47.09. OTHER DEFENSES. (a) It is a defense to prosecution under this chapter that the conduct: (1) was authorized under: (A) Chapter 2001, Occupations Code; (B) Chapter 2002, Occupations Code; (C) Chapter 2004, Occupations Code; (D) Subtitle A-1, Title 13, Occupations Code (…

Sec. 47.10. AMERICAN DOCUMENTATION OF VESSEL REQUIRED. If 18 U.S.C. Section 1082 is repealed, the affirmative defenses provided by Section 47.09(b) apply only if the vessel is documented under the laws of the United States. Added by Acts 1989, 71st Leg., ch. 1030, Sec. 4, eff. Se…

Sec. 47.11. DEPOSITS IN CERTAIN ACCOUNTS NOT CONSIDERATION. For purposes of this chapter, opening or making a deposit in a savings account or other savings program subject to a savings promotion raffle under Chapter 280, Finance Code, does not constitute consideration. Added by A…

Sec. 48.01. 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 faci…

Sec. 48.015. PROHIBITIONS RELATING TO CERTAIN CIGARETTES. (a) A person may not acquire, hold, own, possess, or transport for sale or distribution in this state or import or cause to be imported into this state for sale or distribution in this state: (1) cigarettes that do not com…

Sec. 48.02. PROHIBITION OF THE PURCHASE AND SALE OF HUMAN ORGANS. (a) In this section, "human organ" means the human kidney, liver, heart, lung, pancreas, eye, bone, skin, or any other human organ or tissue, but does not include hair or blood, blood components (including plasma),…

Sec. 48.03. PROHIBITION ON PURCHASE AND SALE OF HUMAN FETAL TISSUE. (a) In this section, "human fetal tissue" has the meaning assigned by Section 173.001, Health and Safety Code. (b) A person commits an offense if the person knowingly offers to buy, offers to sell, acquires, rece…

Sec. 48.04. PROHIBITION ON PURCHASE AND SALE OF ADULT STEM CELLS FOR CERTAIN INVESTIGATIONAL TREATMENTS. (a) In this section: (1) "Adult stem cell" means an undifferentiated cell that is: (A) found in differentiated tissue; and (B) able to renew itself and differentiate to yield …

Sec. 48.05. 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 clot…

Sec. 49.01. DEFINITIONS. In this chapter: (1) "Alcohol concentration" means the number of grams of alcohol per: (A) 210 liters of breath; (B) 100 milliliters of blood; or (C) 67 milliliters of urine. (2) "Intoxicated" means: (A) not having the normal use of mental or physical fac…

Sec. 49.02. 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 Alcoholi…

Sec. 49.031. 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 whi…

Sec. 49.04. DRIVING WHILE INTOXICATED. (a) A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place. (b) Except as provided by Subsections (c), (d), and (e) and Section 49.09, an offense under this section is a Class B misdemeanor…

Sec. 49.045. DRIVING WHILE INTOXICATED WITH CHILD PASSENGER. (a) A person commits an offense if: (1) the person is intoxicated while operating a motor vehicle in a public place; and (2) the vehicle being operated by the person is occupied by a passenger who is younger than 15 yea…

Sec. 49.05. FLYING WHILE INTOXICATED. (a) A person commits an offense if the person is intoxicated while operating an aircraft. (b) Except as provided by Section 49.09, an offense under this section is a Class B misdemeanor, with a minimum term of confinement of 72 hours. Added b…

Sec. 49.06. BOATING WHILE INTOXICATED. (a) A person commits an offense if the person is intoxicated while operating a watercraft. (b) Except as provided by Section 49.09, an offense under this section is a Class B misdemeanor, with a minimum term of confinement of 72 hours. Added…

Sec. 49.061. BOATING WHILE INTOXICATED WITH CHILD PASSENGER. (a) A person commits an offense if: (1) the person is intoxicated while operating a watercraft; and (2) the watercraft being operated by the person is occupied by a passenger who is younger than 15 years of age. (b) An …

Sec. 49.065. ASSEMBLING OR OPERATING AN AMUSEMENT RIDE WHILE INTOXICATED. (a) A person commits an offense if the person is intoxicated while operating an amusement ride or while assembling a mobile amusement ride. (b) Except as provided by Subsection (c) and Section 49.09, an off…

Sec. 49.07. INTOXICATION ASSAULT. (a) A person commits an offense if the person, by accident or mistake: (1) while operating an aircraft, watercraft, or amusement ride while intoxicated, or while operating a motor vehicle in a public place while intoxicated, by reason of that int…

Sec. 49.08. INTOXICATION MANSLAUGHTER. (a) A person commits an offense if the person: (1) operates a motor vehicle in a public place, operates an aircraft, a watercraft, or an amusement ride, or assembles a mobile amusement ride; and (2) is intoxicated and by reason of that intox…

Sec. 49.09. ENHANCED OFFENSES AND PENALTIES. (a) Except as provided by Subsection (b), an offense under Section 49.04, 49.05, 49.06, or 49.065 is a Class A misdemeanor, with a minimum term of confinement of 30 days, if it is shown on the trial of the offense that the person has p…

Sec. 49.10. NO DEFENSE. In a prosecution under Section 49.031, 49.04, 49.045, 49.05, 49.06, 49.061, 49.065, 49.07, or 49.08, the fact that the defendant is or has been entitled to use the alcohol, controlled substance, drug, dangerous drug, or other substance is not a defense. Ad…

Sec. 49.11. PROOF OF MENTAL STATE UNNECESSARY. (a) Notwithstanding Section 6.02(b), proof of a culpable mental state is not required for conviction of an offense under this chapter. (b) Subsection (a) does not apply to an offense under Section 49.031. Added by Acts 1995, 74th Leg…

Sec. 49.12. APPLICABILITY TO CERTAIN CONDUCT. Sections 49.07 and 49.08 do not apply to injury to or the death of an unborn child if the conduct charged is conduct committed by the mother of the unborn child. Added by Acts 2003, 78th Leg., ch. 822, Sec. 2.05, eff. Sept. 1, 2003.

Sec. 50.01. DEFINITIONS. In this chapter: (1) "Consumer firework" and "fireworks" have the meanings assigned by 49 C.F.R. Section 173.59. (2) "Law enforcement officer" means a person who is a peace officer under Article 2A.001, Code of Criminal Procedure, or a person who is a fed…

Sec. 50.02. UNLAWFUL USE OF FIREWORKS. (a) A person commits an offense if the person explodes or ignites fireworks with the intent to: (1) interfere with the lawful performance of an official duty by a law enforcement officer; or (2) flee from a person the actor knows is a law en…

Sec. 51.01. DEFINITIONS. In this chapter: (1) "Alien" has the meaning assigned by 8 U.S.C. Section 1101, as that provision existed on January 1, 2023. (2) "Port of entry" means a port of entry in the United States as designated by 19 C.F.R. Part 101. Added by Acts 2023, 88th Leg.…

Sec. 51.02. ILLEGAL ENTRY FROM FOREIGN NATION. (a) A person who is an alien commits an offense if the person enters or attempts to enter this state directly from a foreign nation at any location other than a lawful port of entry. (b) An offense under this section is a Class B mis…

Sec. 51.03. ILLEGAL REENTRY BY CERTAIN ALIENS. (a) A person who is an alien commits an offense if the person enters, attempts to enter, or is at any time found in this state after the person: (1) has been denied admission to or excluded, deported, or removed from the United State…

Sec. 51.04. REFUSAL TO COMPLY WITH ORDER TO RETURN TO FOREIGN NATION. (a) A person who is an alien commits an offense if: (1) the person has been charged with or convicted of an offense under this chapter; (2) a magistrate or judge, as applicable, has issued an order under Articl…

Sec. 71.01. DEFINITIONS. In this chapter, (a) "Combination" means three or more persons who collaborate in carrying on criminal activities, although: (1) participants may not know each other's identity; (2) membership in the combination may change from time to time; and (3) parti…

Sec. 71.02. ENGAGING IN ORGANIZED CRIMINAL ACTIVITY. Text of subsection as reenacted and amended by Acts 2025, 89th Leg., R.S., Ch. 319 (S.B. 1646), Sec. 1.06 (a) A person commits an offense if, with the intent to establish, maintain, or participate in a combination or in the pro…

Sec. 71.021. VIOLATION OF COURT ORDER ENJOINING ORGANIZED CRIMINAL ACTIVITY. (a) A person commits an offense if the person knowingly violates a temporary or permanent order issued under Section 125.065(a) or (b), Civil Practice and Remedies Code. (b) If conduct constituting an of…

Sec. 71.022. COERCING, INDUCING, OR SOLICITING MEMBERSHIP IN A CRIMINAL STREET GANG OR FOREIGN TERRORIST ORGANIZATION. (a) A person commits an offense if the person knowingly causes, enables, encourages, recruits, or solicits another person to become a member of a criminal street…

Sec. 71.023. DIRECTING ACTIVITIES OF CRIMINAL STREET GANGS OR FOREIGN TERRORIST ORGANIZATIONS. (a) A person commits an offense if the person, as part of the identifiable leadership of a criminal street gang or foreign terrorist organization, knowingly finances, directs, or superv…

Sec. 71.028. GANG-FREE ZONES. (a) In this section: (1) "General residential operation" has the meaning assigned by Section 42.002, Human Resources Code. (2) "Institution of higher education," "playground," "premises," "school," "video arcade facility," and "youth center" have the…

Sec. 71.029. MAPS AS EVIDENCE OF LOCATION OR AREA. (a) In a prosecution of an offense for which punishment is increased under Section 71.028, a map produced or reproduced by a municipal or county engineer for the purpose of showing the location and boundaries of gang-free zones i…

Sec. 71.03. DEFENSES EXCLUDED. It is no defense to prosecution under Section 71.02 that: (1) one or more members of the combination are not criminally responsible for the object offense; (2) one or more members of the combination have been acquitted, have not been prosecuted or c…