Texas § 12.49 PENALTY IF CONTROLLED SUBSTANCE USED TO COMMIT OFFENSE.

Texas Statutes

§ 12.49 — PENALTY IF CONTROLLED SUBSTANCE USED TO COMMIT OFFENSE.

Texas § 12.49

Code PEPenal Code

This text of Texas § 12.49 (PENALTY IF CONTROLLED SUBSTANCE USED TO COMMIT OFFENSE.) is published on Counsel Stack Legal Research, covering Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tex. Penal Code Code Ann. § 12.49 (2026).

Text

Sec. 12.49. PENALTY IF CONTROLLED SUBSTANCE USED TO COMMIT OFFENSE. If the court makes an affirmative finding under Article 42.012 , Code of Criminal Procedure, in the punishment phase of the trial of an offense under Chapter 29 , Chapter 31 , or Title 5, other than a first degree felony or a Class A misdemeanor, the punishment for the offense is increased to the punishment prescribed for the next highest category of offense. If the offense is a Class A misdemeanor, the minimum term of confinement for the offense is increased to 180 days.

Free access — add to your briefcase to read the full text and ask questions with AI

Sec. 12.49. PENALTY IF CONTROLLED SUBSTANCE USED TO COMMIT OFFENSE. If the court makes an affirmative finding under Article 42.012 , Code of Criminal Procedure, in the punishment phase of the trial of an offense under Chapter 29 , Chapter 31 , or Title 5, other than a first degree felony or a Class A misdemeanor, the punishment for the offense is increased to the punishment prescribed for the next highest category of offense. If the offense is a Class A misdemeanor, the minimum term of confinement for the offense is increased to 180 days.

Legislative History

Added by Acts 1999, 76th Leg., ch. 417, Sec. 2(a), eff. Sept. 1, 1999. Renumbered from Penal Code Sec. 12.48 and amended by Acts 2001, 77th Leg., ch. 1420, Sec. 21.001(93), 21.002(15), eff. Sept. 1, 2001.