If certain offenses are committed in a disaster area or under an evacuation order, the punishment can be increased to the next higher offense category.
Sec. 12.50. PENALTY IF OFFENSE COMMITTED IN DISASTER AREA OR EVACUATED AREA. (a) Subject to Subsections (c) and (d), the punishment for an offense described by Subsection (b) is increased to the punishment prescribed for the next higher category of offense if it is shown on the trial of the offense that the offense was committed in an area that was, at the time of the offense: (1) subject to a declaration of a state of disaster made by: (A) the president of the United States under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. Section 5121 et seq.); (B) the governor under Section 418.014, Government Code; or (C) the presiding officer of the governing body of a political subdivision under Section 418.108, Government Code; or (2) subject to an emergency evacuation order. (b) The increase in punishment authorized by this section applies only to an offense under: (1) Section 20.05; (2) Section 20.06; (3) Section 20.07; (4) Section 22.01; (5) Section 28.02; (6) Section 29.02; (7) Section 30.02; (8) Section 30.03; (9) Section 30.04; (10) Section 30.05; (11) Section 31.03; and (12) Section 38.15. (c) If an offense listed under Subsection (b) is punishable as a Class A misdemeanor, the minimum term of confinement for the offense is increased to 180 days. Except as provided by Subsection (d), if an offense listed under Subsection (b) is punishable as a felony of the first degree, the punishment for that offense may not be increased under this section. (d) Except as otherwise provided by this subsection, the minimum term of imprisonment for an offense listed under Subsection (b)(1), (2), or (3) for which punishment is increased under this section is 10 years. If an offense listed under Subsection (b)(1) or (2) is punishable as a felony of the first degree, the minimum term of imprisonment is increased to 15 years unless another provision of law applicable to the offense provides for a minimum term of imprisonment of 15 years or more. (e) For purposes of this section, "emergency evacuation order" means an official statement issued by the governing body of this state or a political subdivision of this state to recommend or require the evacuation of all or part of the population of an area stricken or threatened with a disaster. Added by Acts 2009, 81st Leg., R.S., Ch. 731 (S.B. 359), Sec. 1, eff. September 1, 2009. Amended by: Acts 2019, 86th Leg., R.S., Ch. 418 (S.B. 201), Sec. 1, eff. September 1, 2019. Acts 2019, 86th Leg., R.S., Ch. 418 (S.B. 201), Sec. 2, eff. September 1, 2019. Acts 2019, 86th Leg., R.S., Ch. 1058 (H.B. 1028), Sec. 1, eff. September 1, 2019. Acts 2019, 86th Leg., R.S., Ch. 1058 (H.B. 1028), Sec. 2, eff. September 1, 2019. Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 16.001, eff. September 1, 2021. Acts 2023, 88th Leg., 3rd C.S., Ch. 2 (S.B. 4), Sec. 2, eff. February 6, 2024. Acts 2025, 89th Leg., R.S., Ch. 478 (S.B. 482), Sec. 1, eff. September 1, 2025.