Texas Constitution and Statutes
Texas Penal Code Sec. 32.34. FRAUDULENT TRANSFER OF A MOTOR VEHICLE.
(A) In this section:
(1) “Lease” means the grant of use and possession of a motor vehicle for consideration, whether or not the grant includes an option to buy the vehicle.
(2) “Motor vehicle” means a device in, on, or by which a person or property is or may be transported or drawn on a highway, except a device used exclusively on stationary rails or tracks.
(3) “Security interest” means an interest in personal property or fixtures that secures payment or performance of an obligation.
(4) “Third party” means a person other than the actor or the owner of the vehicle.
(5) “Transfer” means to transfer possession, whether or not another right is also transferred, by means of a sale, lease, sublease, lease assignment, or other property transfer.
(B) A person commits an offense if the person acquires, accepts possession of, or exercises control over the motor vehicle of another under a written or oral agreement to arrange for the transfer of the vehicle to a third party and:
(1) knowing the vehicle is subject to a security interest, lease, or lien, the person transfers the vehicle to a third party without first obtaining written authorization from the vehicle’s secured creditor, lessor, or lienholder;
(2) intending to defraud or harm the vehicle’s owner, the person transfers the vehicle to a third party;
(3) intending to defraud or harm the vehicle’s owner, the person disposes of the vehicle in a manner other than by transfer to a third party; or
(4) the person does not disclose the location of the vehicle on the request of the vehicle’s owner, secured creditor, lessor, or lienholder.
(C) For the purposes of Subsection (b)(2), the actor is presumed to have intended to defraud or harm the motor vehicle’s owner if the actor does not take reasonable steps to determine whether or not the third party is financially able to pay for the vehicle.
(D) It is a defense to prosecution under Subsection (b)(1) that the entire indebtedness secured by or owed under the security interest, lease, or lien is paid or satisfied in full not later than the 30th day after the date that the transfer was made.
(E) It is not a defense to prosecution under Subsection (b)(1) that the motor vehicle’s owner has violated a contract creating a security interest, lease, or lien in the motor vehicle.
(F) An offense under Subsection (b)(1), (b)(2), or (b)(3) is:
(1) a state jail felony if the value of the motor vehicle is less than $30,000;
(2) a felony of the third degree if the value of the motor vehicle is $30,000 or more but less than $150,000;
(3) a felony of the second degree if the value of the motor vehicle is $150,000 or more but less than $300,000; or
(4) a felony of the first degree if the value of the motor vehicle is $300,000 or more.
(g) An offense under Subsection (b)(4) is a Class A misdemeanor.
Added by Acts 1989, 71st Leg., ch. 954, Sec. 1, eff. Sept. 1, 1989. Renumbered from Penal Code, Sec. 32.36 and amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1251 (H.B. 1396), Sec. 18, eff. September 1, 2015.
Texas Penal Code Sec. 49.01. DEFINITIONS. In this chapter:
(1) “Alcohol concentration” means the number of grams of alcohol per:
(A) 210 liters of breath;
(B) 100 milliliters of blood; or
(C) 67 milliliters of urine.
(2) “Intoxicated” means:
(A) not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or
(B) having an alcohol concentration of 0.08 or more.
(3) “Motor vehicle” has the meaning assigned by Section 32.34(a).
(4) “Watercraft” means a vessel, one or more water skis, an aquaplane, or another device used for transporting or carrying a person on water, other than a device propelled only by the current of water.
(5) “Amusement ride” has the meaning assigned by Section 2151.002, Occupations Code.
(6) “Mobile amusement ride” has the meaning assigned by Section 2151.002, Occupations Code.
Added by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. Amended by Acts 1999, 76th Leg., ch. 234, Sec. 1, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1364, Sec. 8, eff. Jan. 1, 2000; Acts 2001, 77th Leg., ch. 1420, Sec. 14.707, eff. Sept. 1, 2001.
Texas Penal Code Sec. 49.04. DRIVING WHILE INTOXICATED.
(A) A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place.
(B) Except as provided by Subsections (c) and (d) and Section 49.09, an offense under this section is a Class B misdemeanor, with a minimum term of confinement of 72 hours.
(C) If it is shown on the trial of an offense under this section that at the time of the offense the person operating the motor vehicle had an open container of alcohol in the person’s immediate possession, the offense is a Class B misdemeanor, with a minimum term of confinement of six days.
(D) If it is shown on the trial of an offense under this section that an analysis of a specimen of the person’s blood, breath, or urine showed an alcohol concentration level of 0.15 or more at the time the analysis was performed, the offense is a Class A misdemeanor.
Added by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 14.55, eff. Sept. 1, 1995.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 960 (H.B. 1199), Sec. 2, eff. September 1, 2011.
Texas Penal Code Sec. 49.05. FLYING WHILE INTOXICATED.
(A) A person commits an offense if the person is intoxicated while operating an aircraft.
(B) Except as provided by Section 49.09, an offense under this section is a Class B misdemeanor, with a minimum term of confinement of 72 hours.
Added by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Texas Penal Code Sec. 49.06. BOATING WHILE INTOXICATED.
(A) A person commits an offense if the person is intoxicated while operating a watercraft.
(B) Except as provided by Section 49.09, an offense under this section is a Class B misdemeanor, with a minimum term of confinement of 72 hours.
Added by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Texas Penal Code Sec. 49.065. ASSEMBLING OR OPERATING AN AMUSEMENT RIDE WHILE INTOXICATED.
(A) A person commits an offense if the person is intoxicated while operating an amusement ride or while assembling a mobile amusement ride.
(B) Except as provided by Subsection (c) and Section 49.09, an offense under this section is a Class B misdemeanor with a minimum term of confinement of 72 hours.
(C) If it is shown on the trial of an offense under this section that at the time of the offense the person operating the amusement ride or assembling the mobile amusement ride had an open container of alcohol in the person’s immediate possession, the offense is a Class B misdemeanor with a minimum term of confinement of six days.
Added by Acts 1999, 76th Leg., ch. 1364, Sec. 9, eff. Jan. 1, 2000.
Texas Transportation Code – TRANSP § 551.351.
(1) “Motor-assisted scooter”:
(A) means a self-propelled device with:
(i) at least two wheels in contact with the ground during operation;
(ii) a braking system capable of stopping the device under typical operating conditions;
(iii) a gas or electric motor not exceeding 40 cubic centimeters;
(iv) a deck designed to allow a person to stand or sit while operating the device; and
(v) the ability to be propelled by human power alone; and
(B) does not include a pocket bike or a minimotorbike.
(2) “Pocket bike or minimotorbike” means a self-propelled vehicle that is equipped with an electric motor or internal combustion engine having a piston displacement of less than 50 cubic centimeters, is designed to propel itself with not more than two wheels in contact with the ground, has a seat or saddle for the use of the operator, is not designed for use on a highway, and is ineligible for a certificate of title under Chapter 501. The term does not include:
(A) a moped or motorcycle;
(B) an electric bicycle or motor-driven cycle, as defined by Section 541.201 ;
(C) a motorized mobility device, as defined by Section 542.009 ;
(D) an electric personal assistive mobility device, as defined by Section 551.201 ; or
(E) a neighborhood electric vehicle, as defined by Section 551.301 .
Texas Transportation Code – TRANSP § 551.352.
(A) A motor-assisted scooter may be operated only on a street or highway for which the posted speed limit is 35 miles per hour or less. The motor-assisted scooter may cross a road or street at an intersection where the road or street has a posted speed limit of more than 35 miles per hour.
(B) A county or municipality may prohibit the operation of a motor-assisted scooter on a street, highway, or sidewalk if the governing body of the county or municipality determines that the prohibition is necessary in the interest of safety.
(C) The department may prohibit the operation of a motor-assisted scooter on a highway if it determines that the prohibition is necessary in the interest of safety.
(D) A person may operate a motor-assisted scooter on a path set aside for the exclusive operation of bicycles or on a sidewalk. Except as otherwise provided by this section, a provision of this title applicable to the operation of a bicycle applies to the operation of a motor-assisted scooter.
(E) A provision of this title applicable to a motor vehicle does not apply to a motor-assisted scooter.