Texas Penal Code

§ 12.50 — PENALTY IF OFFENSE COMMITTED IN DISASTER AREA OR EVACUATED AREA

PE § 12.50Title 3. PUNISHMENTS · Ch. 12. PUNISHMENTS · Art. D. EXCEPTIONAL SENTENCES

Statute text

(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. Section 5121 et seq.);

(B)the governor under Section 418.014, Government Code; or

(C)the presiding officer of the governing body of a political subdivision under Section 418.108, Government Code; or

(2)subject to an emergency evacuation order.

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Legislative history

Acts 2019, 86th Leg., R.S., Ch. 418 (S.B. 201), Sec. 1, eff. September 1, 2019. Acts 2019, 86th Leg., R.S., Ch. 418 (S.B. 201), Sec. 2, eff. September 1, 2019. Acts 2019, 86th Leg., R.S., Ch. 1058 (H.B. 1028), Sec. 1, eff. September 1, 2019. Acts 2019, 86th Leg., R.S., Ch. 1058 (H.B. 1028), Sec. 2, eff. September 1, 2019. Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 16.001, eff. September 1, 2021. Acts 2023, 88th Leg., 3rd C.S., Ch. 2 (S.B. 4), Sec. 2, eff. February 6, 2024. Acts 2025, 89th Leg., R.S., Ch. 478 (S.B. 482), Sec. 1, eff. September 1, 2025.