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.
Tex. Penal Code § 1.08
PREEMPTION
Known as the Penal Code
The act spans §§ 1–1 (10 sections).
Applied in 6 court decisions — leading case City of Houston v. Hill (1987)
Most recently applied in Reidie James Jackson v. Oliver Bell (December 2015)
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.