assault by contact texas penal code class c30 Mar assault by contact texas penal code class c
Oct. 2, 1984. September 1, 2015. 446, Sec. (g) For purposes of Subsection (d), the amount of pecuniary loss is the amount of economic loss suffered by the owner of the building, room, place, or conveyance as a result of the prevention or interruption of the occupation or use of the building, room, place, or conveyance. 00 all the way to decades in prison. ASSAULT. It also includes "dating violence," which the Code defines as assault towards someone with whom the actor is in an intimate dating relationship. Sec. Penal Code 12.22] Confinement in jail for a te rm not to exceed 180 days Fine not to exceed $2,000 Next . September 1, 2019. Acts 2005, 79th Leg., Ch. ASSAULT. 3, eff. 2, eff. 6.05, eff. 1087, Sec. to provide the service; or. 2240), Sec. Sept. 1, 2003. Indecent Assault Current as of April 14, 2021 | Updated by FindLaw Staff Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. 3, eff. Assault Causing Bodily Injury. Acts 2007, 80th Leg., R.S., Ch. (i) causes serious bodily injury or attempts to cause the death of the victim or another person in the course of the same criminal episode; (ii) by acts or words places the victim in fear that any person will become the victim of an offense under Section 20A.02(a)(3), (4), (7), or (8) or that death, serious bodily injury, or kidnapping will be imminently inflicted on any person; (iii) by acts or words occurring in the presence of the victim threatens to cause any person to become the victim of an offense under Section 20A.02(a)(3), (4), (7), or (8) or to cause the death, serious bodily injury, or kidnapping of any person; (iv) uses or exhibits a deadly weapon in the course of the same criminal episode; (v) acts in concert with another who engages in conduct described by Subdivision (1) directed toward the same victim and occurring during the course of the same criminal episode; or. 34 (S.B. Acts 2017, 85th Leg., R.S., Ch. 1.01, eff. September 1, 2019. 2, Sec. In Texas the Penal code lists Assault Family Member charges under the same Assault Statute that covers assaults between strangers. 2.08, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. According to Texas Penal Code 22.01, you could be arrested for the crime of simple assault if you intentionally, knowingly or recklessly cause bodily injury to another person, threaten another person with imminent bodily harm or cause physical contact with another person that you know is provocative or offensive. 461 (H.B. 459, Sec. Sept. 1, 1995; Acts 1997, 75th Leg., ch. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 22.01 and the person: (1) causes serious bodily injury to another, including the person's spouse; or. 62, Sec. Sec. (4) causes another person to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of any person. 1576), Sec. (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 . Similarly, while assault-by-threat and assault-by-contact under 22.01(a)(2)-(3) are Class C misdemeanors, they can be enhanced to Class A or B misdemeanors when the victim has certain characteristics, like being normal breathing or circulation of the blood of the person by applying pressure to (b-1)Notwithstanding Subsection (b), an offense under Subsection (a)(1) is a felony 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 1, eff. September 1, 2011. a service within the scope of the contract; (4)a person the actor knows is a security officer while the officer is performing Acts 2017, 85th Leg., R.S., Ch. 1, 2, eff. The lowest level of an offense that someone can be charged with is a Class C misdemeanor. 1 (S.B. 14.829, eff. Texas penal code penal tx penal section 22.01. (A) the actor was not more than three years older than the victim and at the time of the offense: (i) was not required under Chapter 62, Code of Criminal Procedure, to register for life as a sex offender; or, (ii) was not a person who under Chapter 62, Code of Criminal Procedure, had a reportable conviction or adjudication for an offense under this section; and, (i) was a child of 14 years of age or older; and, (a) a person whom the actor was prohibited from marrying or purporting to marry or with whom the actor was prohibited from living under the appearance of being married under Section 25.01; or. normal breathing or circulation of the blood of the person by applying pressure to 1)"Causes serious Bodily INJURY to another, including the person's spouse". Sept. 1, 1995; Acts 1997, 75th Leg., ch. For Class A assaultive offenses, the charges must be brought within this time period; if they are brought after the statute of limitations has expired, the defense may file a pretrial motion to dismiss the charges as directed under Title 1, Article 27.08 of the Texas Code of Criminal Procedure. (e) An offense under Subsection (a)(4), (a)(5), or (a)(6) is a felony of the third degree. 22.05. 366, Sec. 282 (H.B. 1, eff. 22.07. facility or an employee of that person: (i)while the person or employee is engaged in performing a service within the scope Sec. Texas Misdemeanor Crimes Class C Misdemeanors in Texas. (2) "Process server" has the meaning assigned by Section 156.001, Government Code. under another section of this code, the actor may be prosecuted under either section 334, Sec. September 1, 2021. Texas Disciplinary Rules of Professional Conduct, the attorney . 788 (S.B. 902), Sec. What is the current Texas law about Assault? 1, eff. 623 (H.B. 436 (S.B. (a) The victim's effective consent or the actor's reasonable belief that the victim consented to the actor's conduct is a defense to prosecution under Section 22.01 (Assault), 22.02 (Aggravated Assault), or 22.05 (Deadly Conduct) if: (1) the conduct did not threaten or inflict serious bodily injury; or. 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 719 (H.B. (3) "Health care services provider" means: (A) a physician licensed under Subtitle B, Title 3, Occupations Code; (B) a chiropractor licensed under Chapter 201, Occupations Code; (C) a physical therapist licensed under Chapter 453, Occupations Code; (D) a physician assistant licensed under Chapter 204, Occupations Code; or. (j) Written notification under Subsection (i)(2) or (i)(3) is not effective unless it contains the name and address of the actor, the name and address of the child, elderly individual, or disabled individual, the type of care provided by the actor, and the date the care was discontinued. the person's spouse; or. 495), Sec. 819, Sec. 294, Sec. 1354), Sec. 896, Sec. (i) was a victim of family violence, as that term is defined by Section 71.004, Family Code, committed by a person who is also charged with an offense against the child, elderly individual, or disabled individual under this section or any other section of this title; (ii) did not cause a condition described by Subsection (a)(1), (2), or (3); and, (iii) did not reasonably believe at the time of the omission that an effort to prevent the person also charged with an offense against the child, elderly individual, or disabled individual from committing the offense would have an effect; or, (A) the actor was not more than three years older than the victim at the time of the offense; and. Search Texas Statutes. September 1, 2015. (k) It is a defense to prosecution under this section that the act or omission consisted of: (1) reasonable medical care occurring under the direction of or by a licensed physician; or. 467 (H.B. September 1, 2007. 549), Sec. 1, eff. 22.01. 977, Sec. Sept. 1, 2003; Acts 2003, 78th Leg., ch. Sept. 1, 1981; Acts 1981, 67th Leg., p. 2397, ch. Added by Acts 1983, 68th Leg., p. 5312, ch. September 1, 2005. (d) In this section, "correctional or detention facility" means: (2) a "secure correctional facility" or a "secure detention facility" as defined by Section 51.02, Family Code, operated by or under contract with a juvenile board or the Texas Juvenile Justice Department or any other facility operated by or under contract with that department. Prev. Acts 2019, 86th Leg., R.S., Ch. September 1, 2015. 6, eff. (c-1) Notwithstanding Subsection (c)(2), an offense under Subsection (a)(2) is a state jail felony if the offense is committed against a person the actor knows is a peace officer or judge. 2, eff. Class C offenses are punishable by a $500 fine, but a conviction can cause other problems. 7, eff. (b) A person commits an offense if he knowingly or intentionally tampers with a consumer product knowing that the consumer product will be offered for sale to the public or as a gift to another. 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 A charge of assault can become a crime depending on the type of person being attacked or the type of attack. (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. 24, eff. (c) An aggravated sexual assault under this section is without the consent of the other person if the aggravated sexual assault occurs under the same circumstances listed in Section 22.011(b). Let's dive into the statute and see what's going on here. (a) A person commits an offense if the person commits assault as defined in 22.01 and the person: (1) causes serious bodily injury to another, including the person's spouse; or. 15.02(b), eff. Class C misdemeanors are a type of crime in Texas. (1) "Family" has the meaning assigned by Section 71.003, Family Code. 1576), Sec. of the contract, if the actor knows the person or employee is authorized by the state Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 495), Sec. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. (e) It is an affirmative defense to prosecution under Subsection (a)(2): (1) that the actor was the spouse of the child at the time of the offense; or. 1052, Sec. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. 2, eff. Sept. 1, 1983. 528, Sec. . 900, Sec. Felony Penalties Amended by Acts 1985, 69th Leg., ch. Amended by Acts 1989, 71st Leg., ch. Sec. Jan. 1, 1974. . Aug. 29, 1977; Acts 1979, 66th Leg., p. 365, ch. 1, eff. Copyright 2023, Thomson Reuters. Acts 2017, 85th Leg., R.S., Ch. 1549), Sec. Class C Assault is described in Section 22.01 (a) (2) and (3) of the Texas Penal Code as follows: [1] (a) A person commits an offense if the person: (2) intentionally or knowingly threatens another with imminent bodily injury, including the person's spouse; or 135, Sec. (g)If conduct constituting an offense under this section also constitutes an offense ASSAULTIVE OFFENSES 22.01. (2) "Elderly individual" means a person 65 years of age or older. 11, eff. 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 Amended by Acts 1987, 70th Leg., ch. (a) A person commits an offense if he recklessly engages in conduct that places another in imminent danger of serious bodily injury. September 1, 2019. 1, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1, eff. (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. (2)Repealed by Acts 2005, 79th Leg., ch. Acts 2021, 87th Leg., R.S., Ch. According to Texas Penal Code, Section 22.01 (a) (3), a person has committed the misdemeanor offense of assault by contact if the person: "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.". 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 Original Source: 688), Sec. (f) An offense under this section is a felony of the second degree, except that an offense under this section is: (1) a felony of the first degree if the victim was: (A) a person whom the actor was prohibited from marrying or purporting to marry or with whom the actor was prohibited from living under the appearance of being married under Section 25.01; or, (B) a person with whom the actor was prohibited from engaging in sexual intercourse or deviate sexual intercourse under Section 25.02; or. An offensive contact is a class C assault which is up to a $500 fine. 751 (H.B. 3, eff. 1, eff. 79, Sec. . TAMPERING WITH CONSUMER PRODUCT. (vi) with the intent of facilitating the commission of the offense, administers or provides to the victim of the offense any substance capable of impairing the victim's ability to appraise the nature of the act or to resist the act; (B) the victim is younger than 14 years of age, regardless of whether the person knows the age of the victim at the time of the offense; or. Aug. 27, 1979; Acts 1979, 66th Leg., p. 367, ch. This chapter does not apply to conduct charged as having been committed against an individual who is an unborn child if the conduct is: (1) committed by the mother of the unborn child; (2) a lawful medical procedure performed by a physician or other health care provider with the requisite consent; (3) a lawful medical procedure performed by a physician or other licensed health care provider with the requisite consent as part of an assisted reproduction as defined by Section 160.102, Family Code; or. https://texas.public.law/statutes/tex._penal_code_section_22.01. emergency services; (6)a pregnant individual to force the individual to have an abortion; or. 977, Sec. 2, eff. 91), Sec. Current as of April 14, An offense under this section is a Class A misdemeanor. to force the individual to have an abortion. Acts 2017, 85th Leg., R.S., Ch. (C) the victim is an elderly individual or a disabled individual. is a peace officer or judge while the officer or judge is lawfully discharging an Sept. 1, 1985. Acts 2005, 79th Leg., Ch. 768), Sec. (b) A person commits an offense if, having custody, care, or control of a child younger than 15 years, he intentionally abandons the child in any place under circumstances that expose the child to an unreasonable risk of harm. 284(23) to (26), eff. In texas, misdemeanor assault is broken down into three categories: There are many different offenses with the word "assault" in them in texas. 2, eff. September 1, 2013. These cases are quite complex and benefit from the expertise of a criminal defense attorney. 719 (H.B. (l) It is an affirmative defense to prosecution under this section: (1) that the act or omission was based on treatment in accordance with the tenets and practices of a recognized religious method of healing with a generally accepted record of efficacy; (2) for a person charged with an act of omission causing to a child, elderly individual, or disabled individual a condition described by Subsection (a)(1), (2), or (3) that: (A) there is no evidence that, on the date prior to the offense charged, the defendant was aware of an incident of injury to the child, elderly individual, or disabled individual and failed to report the incident; and. 2, eff. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Stay up-to-date with how the law affects your life. Acts 2015, 84th Leg., R.S., Ch. Deliberately threatening another person with imminent physical harm "Intentionally, knowingly, or recklessly" causing physical harm or injury to another person Using physical contact on a person that is knowingly offensive or provocative 1, eff. commitment facility; or, (ii)in retaliation for or on account of an exercise of official power or performance 543 (H.B. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 91), Sec. 142, eff. Acts 2013, 83rd Leg., R.S., Ch. 155, Sec. Acts 2017, 85th Leg., R.S., Ch. Sec. 904, Sec. 15.02(a), eff. Sexual Assault, except as provided by Subdivision (1) Arson Trafficking of Persons under Section 20A.02 (a) (1), (2), (3), or (4), Penal Code Compelling Prostitution under Section 43.05 (a) (1), Penal Code Felonies with a 7 year statute of limitation: Misapplication of fiduciary property or property of a financial institution Acts 2019, 86th Leg., R.S., Ch. 1, eff. A person convicted of a Class C misdemeanor in Texas can expect the following penalties: Fines up to $500. In Texas, an aggravated assault is a second degree felony with punishments including 2 to 20 years in prison and a fine of up to $10,000. official duty or in retaliation or on account of an exercise of official power or 29), Sec. (2) the victim knew the conduct was a risk of: (C) a scientific experiment conducted by recognized methods. 573, Sec. (a) In this section: (1) "Consumer Product" means any product offered for sale to or for consumption by the public and includes "food" and "drugs" as those terms are defined in Section 431.002, Health and Safety Code. 1306), Sec. 1, eff. 6, eff. (2) uses or exhibits a deadly weapon during the commission of the assault. Over time, the Texas Legislature passes more laws and recently, there has been the passage of a new domestic assault family violence statute (Texas Penal Code 2.01(b)(2),22.01(b)(2)(b)) involving choking or attempting to strangle another person as identified in Texas Penal Code Sections 71.0021(b), 71.003, or 71.005: Added by Acts 1983, 68th Leg., p. 5312, ch. and the defendant was subsequently discharged from community supervision; and. 1, eff. 27.01, eff. TITLE 5. advisory1 analyzes the consequences of a conviction for assault under Texas Penal Code 22.01. September 1, 2017. Acts 2009, 81st Leg., R.S., Ch. September 1, 2021. (b)An offense under Subsection (a)(1) is a Class A misdemeanor, except that the offense Sept. 1, 2003; Acts 2003, 78th Leg., ch. September 1, 2017. 1.01, eff. Acts 2021, 87th Leg., R.S., Ch. TEXAS PENAL CODE Offense Punishment ex. (c) The actor is presumed to have known the person assaulted was a public servant or a security officer if the person was wearing a distinctive uniform or badge indicating the person's employment as a public servant or status as a security officer. 1, eff. 1, 2, eff. http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.22.htm#22.01 2nd Degree Felony for Aggravated Assault. September 1, 2017. 1259), Sec. The Texas Penal Code defines an Aggravated Assault charge as an assault using or threatening to use a deadly weapon. Amended by Acts 1993, 73rd Leg., ch. 22.06. 7, eff. 739, Sec. 01 of the Texas Penal Code covers a broad range of conduct, everything from Class C misdemeanor assaults to Second Degree Felony Assault. 1, eff. You'll have to pay up to $500 if you're charged with Class C assault in Texas. 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 (4) Repealed by Acts 2011, 82nd Leg., R.S., Ch. (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. Sept. 1, 2003; Acts 2003, 78th Leg., ch. (3)intentionally or knowingly causes physical contact with another when the person capacity as a sports participant; or, (B)in retaliation for or on account of the participant's performance of a duty or 1, eff. 29, eff. (d) For purposes of this section, "building," "habitation," and "vehicle" have the meanings assigned those terms by Section 30.01. (4) the dispensation of a drug in accordance with law or administration of a drug prescribed in accordance with law. 1019, Sec. 461 (H.B. Sept. 1, 1999; Acts 2001, 77th Leg., ch. Read the code on findlaw explore resources for. Domestic assault is a Class C misdemeanor if the victim suffered no physical pain or lasting harm. (d) Except as provided by Subsection (e), an offense under Subsection (b) is: (1) a state jail felony if the actor abandoned the child with intent to return for the child; or. ASSAULTIVE OFFENSES PENAL CODE CHAPTER 22. 620 (S.B. of the third degree if the offense is committed: (1)while the actor is committed to a civil commitment facility; and. 38.113. unauthorized absence from community corrections facility, county . Sec. All rights reserved. 1, eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. Acts 2011, 82nd Leg., R.S., Ch. (3) causes another person the actor knows to be a public servant to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of the actor, any other person, or an animal while the public servant is lawfully discharging an official duty or in retaliation or on account of an exercise of the public servant's official power or performance of an official duty. Acts 2017, 85th Leg., R.S., Ch. 1, eff. 8.139, eff. (b) The defense to prosecution provided by Subsection (a) is not available to a defendant who commits an offense described by Subsection (a) as a condition of the defendant's or the victim's initiation or continued membership in a criminal street gang, as defined by Section 71.01. Acts 2005, 79th Leg., Ch. (d)For purposes of Subsection (b), the actor is presumed to have known the person (a) A person commits an offense if the person commits assault as defined in Sec. (2) emergency medical care administered in good faith and with reasonable care by a person not licensed in the healing arts. (b) An offense under this section is a felony of the third degree. (2) "Spouse" means a person who is legally married to another. Acts 2017, 85th Leg., R.S., Ch. Here is what a prosecutor has to prove in an Assault Family Member case: The identity of the accused citizen intentionally, knowingly, or recklessly caused offensive contact to the alleged complainant When the conduct is engaged in recklessly, the offense is a felony of the second degree. (2) "Tamper" means to alter or add a foreign substance to a consumer product to make it probable that the consumer product will cause serious bodily injury. 10, eff. 738 (H.B. 1575), Sec. (3)a Class A misdemeanor if the offense is committed against a pregnant individual 1006, Sec. (B)in retaliation for or on account of the person's or employee's performance of Texas Penal Code Section 22.01 - Assault Texas Statutes Penal Code Title 5 Chapter 22 Section 22.01 Texas Penal Code Sec. INJURY TO A CHILD, ELDERLY INDIVIDUAL, OR DISABLED INDIVIDUAL. Indecent Assault. Acts 2009, 81st Leg., R.S., Ch. 8 Digit Number - combo of NCIC and Texas Specific Numbers Literal - as close to the Title of the citation or Chapter as possible - space limitation Statute - the Texas statute, Penal Code, Transportation Code, HSC, etc. 528, Sec. 22.01, assault covers three different types of actions. (b) An offense under this section is a felony of the second degree, except that the offense is a felony of the first degree if: (1) the actor uses a deadly weapon during the commission of the assault and causes serious bodily injury to 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) regardless of whether the offense is committed under Subsection (a)(1) or (a)(2), the offense is committed: (A) by a public servant acting under color of the servant's office or employment; (B) against 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; (C) in retaliation against or on account of the service of another as a witness, prospective witness, informant, or person who has reported the occurrence of a crime; (D) against a person the actor knows is a process server while the person is performing a duty as a process server; or, (E) against a person the actor knows is a security officer while the officer is performing a duty as a security officer; or. 1, eff. we provide special support September 1, 2019. Assault in the second degree with a firearm: Class D or C felony: One year not suspendable. (1) "Child" means a person younger than 17 years of age. Texas Penal Code Section 22.01 defines assault as follows: A person commits an offense if the person: intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse; intentionally or knowingly threatens another with imminent bodily injury, including the person's spouse; or Class a assault texas penal code. 6, eff. 4, eff. September 1, 2007. (b) An omission that causes a condition described by Subsection (a)(1), (2), or (3) or (a-1)(1), (2), or (3) is conduct constituting an offense under this section if: (1) the actor has a legal or statutory duty to act; or. 1286), Sec. 361 (H.B. More serious offensesthose punishable by longer terms in state jail or prisonfall under the category of felonies. 915 (H.B. September 1, 2005. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. of the second degree if the offense is committed against a person the actor knows If a criminal episode is prosecuted under both this section and another section of this code and sentences are assessed for convictions under both sections, the sentences shall run concurrently. Sept. 1, 1997; Acts 1999, 76th Leg., ch. Texas Penal Code . when it is a prohibited person of marriage. 34 (S.B. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 875 (H.B. 273, Sec. CONSENT AS DEFENSE TO ASSAULTIVE CONDUCT. (f) The minimum term of imprisonment for an offense under this section is increased to 25 years if: (1) the victim of the offense is younger than six years of age at the time the offense is committed; or. Sept. 1, 2003; Acts 2003, 78th Leg., ch. Acts 2015, 84th Leg., R.S., Ch. September 1, 2005. 91), Sec. September 1, 2019. 1, eff. September 1, 2005. 34 (S.B. 53a-60a. 900, Sec. Feb. 1, 2004. (3) "Disabled individual" means a person older than 13 years of age who by reason of age or physical or mental disease, defect, or injury is substantially unable to protect the person's self from harm or to provide food, shelter, or medical care for the person's self. Sec. the benefit of the general public during emergency situations. 399, Sec. Acts 1973, 63rd Leg., p. 883, ch. An offense under Subsection (c) is a felony of the third degree. 1576), Sec. 665 (H.B. 5, eff. 955 (S.B. Aug. 27, 1979; Acts 1981, 67th Leg., p. 472, ch. 1.01, eff. Aug. 27, 1979; Acts 1993, 73rd Leg., ch. 643), Sec. 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