In the state of Texas, when a defendant is found guilty of multiple offenses that arise out of the same criminal episode and were prosecuted in a single criminal action, a sentence for each offense for which the defendant has been found guilty shall be pronounced. However, unless the exception under subsection (b) applies, the sentences for each offense shall run concurrently.
Subsection (b) provides exceptions to the rule of concurrent sentences. If the defendant is found guilty of more than one offense arising out of the same criminal episode, the sentences may run concurrently or consecutively if each sentence is for a conviction of, among others: intoxication assault or intoxication manslaughter (Sec. 49.07 or 49.08); certain sexual and child-victim offenses (e.g., Sec. 33.021, 21.02, 21.11, 22.011, 22.021, 25.02, or 43.25 committed against a victim younger than 17); invasive visual recording or possession/promotion of child pornography (Sec. 21.15 or 43.26); an offense with an affirmative finding under Article 42.0197 of the Code of Criminal Procedure; trafficking or compelling prostitution offenses (Sec. 20A.02, 20A.03, or 43.05); or first-degree injury to a child, elderly, or disabled individual (Sec. 22.04). These consecutive-sentencing provisions do not apply to a defendant whose case was transferred to the court under Section 54.02 of the Family Code.
Sec. 3.03. SENTENCES FOR OFFENSES ARISING OUT OF SAME CRIMINAL EPISODE. (a) When the accused is found guilty of more than one offense arising out of the same criminal episode prosecuted in a single criminal action, a sentence for each offense for which he has been found guilty shall be pronounced. Except as provided by Subsection (b), the sentences shall run concurrently. (b) If the accused is found guilty of more than one offense arising out of the same criminal episode, the sentences may run concurrently or consecutively if each sentence is for a conviction of an offense listed in Subdivisions (1)–(6) [including Sec. 49.07/49.08; certain offenses against victims under 17 under Sec. 33.021, 21.02, 21.11, 22.011, 22.021, 25.02, or 43.25; Sec. 21.15 or 43.26; an offense with an affirmative finding under Art. 42.0197, CCP; Sec. 20A.02, 20A.03, or 43.05; and first-degree Sec. 22.04], or any combination of those offenses. (b-1) Subsection (b)(4) does not apply to a defendant whose case was transferred to the court under Section 54.02, Family Code.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended through Acts 2021, 87th Leg., R.S., Ch. 249 (H.B. 1403), Sec. 1, eff. September 1, 2021.