Texas Penal Code 28.01 – Definitions
Terms Used In Texas Penal Code 28.01
- Consent: means assent in fact, whether express or apparent. See Texas Penal Code 1.07
- Owner: means a person who:
(A) has title to the property, possession of the property, whether lawful or not, or a greater right to possession of the property than the actor; or
(B) is a holder in due course of a negotiable instrument. See Texas Penal Code 1.07 - Person: means an individual or a corporation, association, limited liability company, or other entity or organization governed by the Business Organizations Code. See Texas Penal Code 1.07
- Personal property: All property that is not real property.
- Property: means real and personal property. See Texas Government Code 311.005
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
In this chapter:
(1) “Habitation” means a structure or vehicle that is adapted for the overnight accommodation of persons and includes:
(A) each separately secured or occupied portion of the structure or vehicle; and
(B) each structure appurtenant to or connected with the structure or vehicle.
(2) “Building” means any structure or enclosure intended for use or occupation as a habitation or for some purpose of trade, manufacture, ornament, or use.
(3) “Property” means:
(A) real property;
(B) tangible or intangible personal property, including anything severed from land; or
(C) a document, including money, that represents or embodies anything of value.
(4) “Vehicle” includes any device in, on, or by which any person or property is or may be propelled, moved, or drawn in the normal course of commerce or transportation.
(5) “Open-space land” means real property that is undeveloped for the purpose of human habitation.
(6) “Controlled burning” means the burning of unwanted vegetation with the consent of the owner of the property on which the vegetation is located and in such a manner that the fire is controlled and limited to a designated area.