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Texas
Government Code Sec. 411.017
Unauthorized Acts Involving Department Name, Insignia, or Division
Name |
(a) A person
commits an offense if, without the director's authorization, the person:
(1) manufactures,
sells, or possesses a badge, identification card, or other item bearing
a department insignia or an insignia deceptively similar to the department's;
(2) makes a
copy or likeness of a badge, identification card, or department insignia,
with intent to use or allow another to use the copy or likeness to produce
an item bearing the department insignia or an insignia deceptively similar
to the department's; or
(3) uses the
term "Texas Department of Public Safety," "Department
of Public Safety," "Texas Ranger," or "Texas Highway
Patrol" in connection with an object, with the intent to create
the appearance that the object belongs to or is being used by the department.
(b) In this
section, "department insignia" means an insignia or design
prescribed by the director for use by officers and employees of the
department in connection with their official activities. An insignia
is deceptively similar to the department's if it is not prescribed by
the department but a reasonable person would presume that it was prescribed
by the department.
(c) A district
or county court, on application of the attorney general or of the district
attorney or prosecuting attorney performing the duties of district attorney
for the district in which the court is located, may enjoin a violation
or threatened violation of this section on a showing that a violation
has occurred or is likely to occur.
(d) It is an
affirmative defense to a prosecution under this section that the object
is used exclusively:
(1) for decorative
purposes, maintained or preserved in a decorative state, and not offered
for sale; or
(2) in an artistic
or dramatic presentation, and before the use of the object the producer
of the presentation notifies the director in writing of the intended
use, the location where the use will occur, and the period during which
the use will occur.
(e) An offense
under this section is a Class A misdemeanor, unless the object is shipped
by United States mail or by any type of commercial carrier from a point
outside the State of Texas to a point inside the state if the shipper
or his agent has been sent notification by registered United States
mail of this section prior to the shipment, in which event the offense
is a felony of the third degree.
Acts 1987, 70th Leg., ch. 147, Sec. 1,
eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 496, Sec. 1,
eff. Sept. 1, 1989.
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