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.