Law:Title 5. Open Government; Ethics. Subtitle A. Open Government from Chapter 557. Sedition, Sabotage, And Communism (Texas)

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Subtitle A. Open Government

Contents

Chapter 557. Sedition, Sabotage, And Communism

Subchapter A. Sedition

Section  557.001.  Sedition.

(a) A person commits an offense if the person knowingly:

(1)  commits, attempts to commit, or conspires with one or more persons to commit an act intended to overthrow, destroy, or alter the constitutional form of government of this state or of any political subdivision of this state by force or violence;

(2)  under circumstances that constitute a clear and present danger to the security of this state or a political subdivision of this state, advocates, advises, or teaches or conspires with one or more persons to advocate, advise, or teach a person to commit or attempt to commit an act described in Subdivision (1); or

(3)  participates, with knowledge of the nature of the organization, in the management of an organization that engages in or attempts to engage in an act intended to overthrow, destroy, or alter the constitutional form of government of this state or of any political subdivision of this state by force or violence.

(b)  An offense under this section is a felony punishable by:

(1)  a fine not to exceed $20,000;

(2)  confinement in the Texas Department of Criminal Justice for a term of not less than one year or more than 20 years; or

(3)  both fine and imprisonment.

(c)  A person convicted of an offense under this section may not receive probation under Article 42.12, Code of Criminal Procedure.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 25.072, eff. September 1, 2009.



Section  557.002.  Disqualification.

A person who is finally convicted of an offense under Section 557.001 may not hold office or a position of profit, trust, or employment with the state or any political subdivision of the state.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.



Section  557.003.  Seditious Organizations.

(a) An organization, either incorporated or unincorporated, may not engage in or have as a purpose activities intended to overthrow, destroy, or alter the constitutional form of government of this state or a political subdivision of this state by force or violence.

(b)  An organization that violates Subsection (a):

(1)  may not lawfully exist, function, or operate in this state; and

(2)  is not entitled to the rights, privileges, and immunities granted to organizations under the law of this state.

(c)  A district attorney, criminal district attorney, or county attorney may bring an action against an organization in a court of competent jurisdiction. If the court finds that the organization has violated Subsection (a), the court shall order:

(1)  the organization dissolved;

(2)  if the organization is incorporated in the state or has a permit to do business in the state, the organization's charter or permit revoked;

(3)  all funds, records, and property of the organization forfeited to the state; and

(4)  all books, records, and files of the organization turned over to the attorney general.

(d)  It is prima facie evidence that an organization engages in or has as a purpose engaging in activities intended to overthrow, destroy, or alter the constitutional form of the government of this state or a political subdivision of this state by force or violence if it is shown that the organization has a parent or superior organization that engages in or has as a purpose engaging in activities intended to overthrow, destroy, or alter the constitutional form of the government of this state or a political subdivision of this state by force or violence.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.



Section  557.004.  Enforcement.

(a) A district court may, on application by a district attorney, criminal district attorney, or county attorney, order injunctive or other equitable relief appropriate to enforce this subchapter.

(b)  The procedure for relief sought under Subsection (a) of this section is the same as that for other similar relief in the district court except that the proceeding may not be instituted unless the director of the Department of Public Safety of the State of Texas or the director's assistant in charge is notified by telephone, telegraph, or in person that injunctive or other equitable relief will be sought.

(c)  An affidavit that states that the notice described in Subsection (b) was given and that accompanies the application for relief is sufficient to permit filing of the application.

(d)  Injunctive or other equitable relief sought to enforce this subchapter may not be granted in a labor dispute.

(e)  The internal security section of the Department of Public Safety of the State of Texas shall assist in the enforcement of this subchapter.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.



Section  557.005.  Judicial Powers In Labor Disputes.

This subchapter does not affect the powers of the courts of this state or of the United States under the law of this state in a labor dispute.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.



Subchapter B. Sabotage

Section  557.011.  Sabotage.

(a) A person commits an offense if the person, with the intent to injure the United States, this state, or any facility or property used for national defense sabotages or attempts to sabotage any property or facility used or to be used for national defense.

(b)  An offense under this section is a felony punishable by confinement in the Texas Department of Criminal Justice for a term of not less than two years or more than 20 years.

(c)  If conduct constituting an offense under this section also constitutes an offense under another provision of law, the actor may be prosecuted under both sections.

(d)  In this section, "sabotage" means to wilfully and maliciously damage or destroy property.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 25.073, eff. September 1, 2009.



Section  557.012.  Capital Sabotage.

(a) A person commits an offense if the person commits an offense under Section 557.011(a) and the sabotage or attempted sabotage causes the death of an individual.

(b)  An offense under this section is punishable by:

(1)  death; or

(2)  confinement in the Texas Department of Criminal Justice for:

(A)  life; or

(B)  a term of not less than two years.

(c)  If conduct constituting an offense under this section also constitutes an offense under other law, the actor may be prosecuted under both sections.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 25.074, eff. September 1, 2009.



Section  557.013.  Enforcement.

The attorney general, a district or county attorney, the department, and any law enforcement officer of this state shall enforce this subchapter.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.



Subchapter C. Communism

Section  557.021.  Definitions.

In this subchapter:

(1)  "Communist" means a person who commits an act reasonably calculated to further the overthrow of the government:

(A)  by force or violence; or

(B)  by unlawful or unconstitutional means and replace it with a communist government.

(2)  "Department" means the Department of Public Safety of the State of Texas.

(3)  "Government" means the government of this state or any of its political subdivisions.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.



Section  557.022.  Restrictions.

(a) The name of a communist may not be printed on the ballot for any primary or general election in this state or a political subdivision of this state.

(b)  A person may not hold a nonelected office or position with the state or any political subdivision of the state if:

(1)  any of the compensation for the office or position comes from public funds of this state or a political subdivision of this state; and

(2)  the employer or superior of the person has reasonable grounds to believe that the person is a communist.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.



Section  557.023.  Enforcement.

The attorney general, a district or county attorney, the department, and any law enforcement officer of this state shall enforce this subchapter.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.


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