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Former Prosecutors Houston Criminal Defense Attorneys
Houston Attorney Texas Bar College

Texas Former Prosecutors

Houston Board Certified Criminal Defense Attorney

Texas Penal Code Sec. 1.08. PREEMPTION

Board Certified Criminal Defense Attorney Brian Foley provides commentary on the Texas Penal Code, Criminal Law, and Evidence.

Texas Penal Code Sec. 1.08. PREEMPTION

Section 1.08 of the Texas Penal code is titled "Preemption" and makes all other laws not listed in the penal code unenforceable. Now that isn't true in practice because traffic laws and anti texting and driving laws and some various other municipal ordinances are technically "subject to a criminal penalty." But this section is mainly referring to jailable offenses class B and above. There are also crimes defined in other codes like the health and safety code and government code.

Sec. 1.08. PREEMPTION. No governmental subdivision or agency may enact or enforce a law that makes any conduct covered by this code an offense subject to a criminal penalty. This section shall apply only as long as the law governing the conduct proscribed by this code is legally enforceable.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

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