State Codes and Statutes

Statutes > Texas > Government-code > Title-5-open-government-ethics > Chapter-557-sedition-sabotage-and-communism

GOVERNMENT CODE

TITLE 5. OPEN GOVERNMENT; ETHICS

SUBTITLE A. OPEN GOVERNMENT

CHAPTER 557. SEDITION, SABOTAGE, AND COMMUNISM

SUBCHAPTER A. SEDITION

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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

Sec. 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.

Sec. 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.

Sec. 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

Sec. 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.

Sec. 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.

Sec. 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.

State Codes and Statutes

Statutes > Texas > Government-code > Title-5-open-government-ethics > Chapter-557-sedition-sabotage-and-communism

GOVERNMENT CODE

TITLE 5. OPEN GOVERNMENT; ETHICS

SUBTITLE A. OPEN GOVERNMENT

CHAPTER 557. SEDITION, SABOTAGE, AND COMMUNISM

SUBCHAPTER A. SEDITION

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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

Sec. 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.

Sec. 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.

Sec. 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

Sec. 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.

Sec. 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.

Sec. 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.


State Codes and Statutes


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State Codes and Statutes

Statutes > Texas > Government-code > Title-5-open-government-ethics > Chapter-557-sedition-sabotage-and-communism

GOVERNMENT CODE

TITLE 5. OPEN GOVERNMENT; ETHICS

SUBTITLE A. OPEN GOVERNMENT

CHAPTER 557. SEDITION, SABOTAGE, AND COMMUNISM

SUBCHAPTER A. SEDITION

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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

Sec. 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.

Sec. 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.

Sec. 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

Sec. 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.

Sec. 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.

Sec. 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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