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Texas Laws | Penal Code

(c) In this section: (2468)

(1) "Entry" has the meaning assigned by Section 30.05(b). (2469)

(2) "License holder" has the meaning assigned by Section 46.035(f). (2470)

(3) "Written communication" means: (2471)

(A) a card or other document on which is written language identical to the following: "Pursuant to Section 30.07, Penal Code (trespass by license holder with an openly carried handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a handgun that is carried openly"; or (2472)

(B) a sign posted on the property that: (2473)

(i) includes the language described by Paragraph (A) in both English and Spanish; (2474)

(ii) appears in contrasting colors with block letters at least one inch in height; and (2475)

(iii) is displayed in a conspicuous manner clearly visible to the public at each entrance to the property. (2476)

(d) An offense under this section is a Class C misdemeanor punishable by a fine not to exceed $200, except that the offense is a Class A misdemeanor if it is shown on the trial of the offense that, after entering the property, the license holder was personally given the notice by oral communication described by Subsection (b) and subsequently failed to depart. (2477)

(e) It is an exception to the application of this section that the property on which the license holder openly carries the handgun is owned or leased by a governmental entity and is not a premises or other place on which the license holder is prohibited from carrying the handgun under Section 46.03 or 46.035. (2478)

(f) It is not a defense to prosecution under this section that the handgun was carried in a shoulder or belt holster. (2479)

(g) It is a defense to prosecution under this section that the license holder is volunteer emergency services personnel, as defined by Section 46.01. (2480)

Added by Acts 2015, 84th Leg., R.S., Ch. 437 (H.B. 910), Sec. 44, eff. January 1, 2016. (2481)

Amended by: (2482)

Acts 2017, 85th Leg., R.S., Ch. 1143 (H.B. 435), Sec. 9, eff. September 1, 2017. (2483)

CHAPTER 31. THEFT (2484)(Text)

Sec. 31.01. DEFINITIONS. (2485)(Text)

In this chapter: (2486)

(1) "Deception" means: (2487)

(A) creating or confirming by words or conduct a false impression of law or fact that is likely to affect the judgment of another in the transaction, and that the actor does not believe to be true; (2488)

(B) failing to correct a false impression of law or fact that is likely to affect the judgment of another in the transaction, that the actor previously created or confirmed by words or conduct, and that the actor does not now believe to be true; (2489)

(C) preventing another from acquiring information likely to affect his judgment in the transaction; (2490)

(D) selling or otherwise transferring or encumbering property without disclosing a lien, security interest, adverse claim, or other legal impediment to the enjoyment of the property, whether the lien, security interest, claim, or impediment is or is not valid, or is or is not a matter of official record; or (2491)

(E) promising performance that is likely to affect the judgment of another in the transaction and that the actor does not intend to perform or knows will not be performed, except that failure to perform the promise in issue without other evidence of intent or knowledge is not sufficient proof that the actor did not intend to perform or knew the promise would not be performed. (2492)

(2) "Deprive" means: (2493)

(A) to withhold property from the owner permanently or for so extended a period of time that a major portion of the value or enjoyment of the property is lost to the owner; (2494)

(B) to restore property only upon payment of reward or other compensation; or (2495)

(C) to dispose of property in a manner that makes recovery of the property by the owner unlikely. (2496)

(3) "Effective consent" includes consent by a person legally authorized to act for the owner. Consent is not effective if: (2497)

(A) induced by deception or coercion; (2498)

(B) given by a person the actor knows is not legally authorized to act for the owner; (2499)

(C) given by a person who by reason of youth, mental disease or defect, or intoxication is known by the actor to be unable to make reasonable property dispositions; (2500)

(D) given solely to detect the commission of an offense; or (2501)

(E) given by a person who by reason of advanced age is known by the actor to have a diminished capacity to make informed and rational decisions about the reasonable disposition of property. (2502)

(4) "Appropriate" means: (2503)

(A) to bring about a transfer or purported transfer of title to or other nonpossessory interest in property, whether to the actor or another; or (2504)

(B) to acquire or otherwise exercise control over property other than real property. (2505)

(5) "Property" means: (2506)

(A) real property; (2507)

(B) tangible or intangible personal property including anything severed from land; or (2508)

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