Texas Government Code 4007.209 – Liability of Corporation
(a) In this section:
(1) “Association” and “corporation” have the meanings assigned by § 1.07, Penal Code.
(2) “High managerial agent” has the meaning assigned by § 7.21, Penal Code.
(b) If conduct constituting an offense under this subchapter is performed by an agent acting on behalf of a corporation or association and within the scope of the agent’s office or employment, the corporation or association is criminally responsible for the offense only if the commission of the offense was authorized, requested, commanded, performed, or recklessly tolerated by:
(1) a majority of the governing board acting on behalf of the corporation or association; or
(2) a high managerial agent acting on behalf of the corporation or association and within the scope of the high managerial agent’s office or employment.
Terms Used In Texas Government Code 4007.209
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
(c) It is an affirmative defense to prosecution of a corporation or association under Subsection (b) that the high managerial agent having supervisory responsibility over the subject matter of the offense employed due diligence to prevent the commission of the offense.