Sec. 462.008. CRIMINAL PENALTY; ENFORCEMENT. (a) A person commits an offense if the person intentionally causes, conspires with another person to cause, or assists another to cause the unwarranted commitment of a person to a treatment facility.
(b) A person commits an offense if the person knowingly violates this chapter.
(c) An individual who commits an offense under this section is subject on conviction to:
(1) a fine of not less than $50 or more than $25,000 for each violation and each day of a continuing violation;
(2) confinement in jail for not more than two years for each violation and each day of a continuing violation; or
(3) both fine and confinement.
(d) A person other than an individual who commits an offense under this section is subject on conviction to a fine of not less than $500 or more than $100,000 for each violation and each day of a continuing violation.
(e) If it is shown on the trial of an individual that the individual has previously been convicted of an offense under this section, the offense is punishable by:
(1) a fine of not less than $100 or more than $50,000 for each violation and each day of a continuing violation;
(2) confinement in jail for not more than four years for each violation and each day of a continuing violation; or
(3) both fine and confinement.
(f) If it is shown on the trial of a person other than an individual that the person previously has been convicted of an offense under this section, the offense is punishable by a fine of not less than $1,000 or more than $200,000 for each violation and each day of a continuing violation.
(g) The appropriate district or county attorney shall prosecute violations of this chapter.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 175, eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 567, Sec. 12, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 705, Sec. 3.05, eff. Sept. 1, 1993.
Structure Texas Statutes
Title 6 - Food, Drugs, Alcohol, and Hazardous Substances
Subtitle B - Alcohol and Substance Abuse Programs
Chapter 462 - Treatment of Persons With Chemical Dependencies
Subchapter A. General Provisions
Section 462.002. Filing Requirements
Section 462.003. Inspection of Court Records
Section 462.004. Representation of State
Section 462.006. Writ of Habeas Corpus
Section 462.007. Limitation of Liability
Section 462.008. Criminal Penalty; Enforcement
Section 462.009. Consent to Treatment
Section 462.010. Consent to Treatment at Certain Facilities
Section 462.011. Consent to Medication
Section 462.012. Right to Refuse Medication
Section 462.013. Medication Information