From :
Texas Government Code :
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 institutional division of 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.
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 institutional division of 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.
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 institutional division of 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.
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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Texas Constitution and Statutes
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