Texas Penal Code 12.50 – Penalty If Offense Committed in Disaster Area or Evacuated Area
(a) Subject to Subsections (c) and (d), the punishment for an offense described by Subsection (b) is increased to the punishment prescribed for the next higher category of offense if it is shown on the trial of the offense that the offense was committed in an area that was, at the time of the offense:
(1) subject to a declaration of a state of disaster made by:
(A) the president of the United States under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. § 5121 et seq.);
(B) the governor under § 418.014, Government Code; or
(C) the presiding officer of the governing body of a political subdivision under § 418.108, Government Code; or
(2) subject to an emergency evacuation order.
(b) The increase in punishment authorized by this section applies only to an offense under:
(1) § 20.05;
(2) § 20.06;
(3) § 20.07;
(4) § 22.01;
(5) § 28.02;
(6) § 29.02;
(7) § 30.02;
(8) § 30.03;
(9) § 30.04;
(10) § 30.05; and
(11) § 31.03.
Terms Used In Texas Penal Code 12.50
- Act: means a bodily movement, whether voluntary or involuntary, and includes speech. See Texas Penal Code 1.07
- Another: means a person other than the actor. See Texas Penal Code 1.07
- Felony: means an offense so designated by law or punishable by death or confinement in a penitentiary. See Texas Penal Code 1.07
- Government: means :
(A) the state;
(B) a county, municipality, or political subdivision of the state; or
(C) any branch or agency of the state, a county, municipality, or political subdivision. See Texas Penal Code 1.07 - Law: means the constitution or a statute of this state or of the United States, a written opinion of a court of record, a municipal ordinance, an order of a county commissioners court, or a rule authorized by and lawfully adopted under a statute. See Texas Penal Code 1.07
- Misdemeanor: means an offense so designated by law or punishable by fine, by confinement in jail, or by both fine and confinement in jail. See Texas Penal Code 1.07
- Population: means the population shown by the most recent federal decennial census. See Texas Government Code 311.005
- Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- United States: includes a department, bureau, or other agency of the United States of America. See Texas Government Code 311.005
(c) If an offense listed under Subsection (b) is punishable as a Class A misdemeanor, the minimum term of confinement for the offense is increased to 180 days. Except as provided by Subsection (d), if an offense listed under Subsection (b) is punishable as a felony of the first degree, the punishment for that offense may not be increased under this section.
(d) Except as otherwise provided by this subsection, the minimum term of imprisonment for an offense listed under Subsection (b)(1), (2), or (3) for which punishment is increased under this section is 10 years. If an offense listed under Subsection (b)(1) or (2) is punishable as a felony of the first degree, the minimum term of imprisonment is increased to 15 years unless another provision of law applicable to the offense provides for a minimum term of imprisonment of 15 years or more.
(e) For purposes of this section, “emergency evacuation order” means an official statement issued by the governing body of this state or a political subdivision of this state to recommend or require the evacuation of all or part of the population of an area stricken or threatened with a disaster.