If the court makes an affirmative finding under Article 42.012, Code of Criminal Procedure, in the punishment phase of the trial of an offense under Chapter 29, Chapter 31, or Title 5, other than a first degree felony or a Class A misdemeanor, the punishment for the offense is increased to the punishment prescribed for the next highest category of offense. If the offense is a Class A misdemeanor, the minimum term of confinement for the offense is increased to 180 days.
Tex. Penal Code § 12.49
PENALTY IF CONTROLLED SUBSTANCE USED TO COMMIT OFFENSE
Applied in 1 court decision — leading case Oliva v. State (2018)
Most recently applied in Oliva v. State (May 2018)
Added by Acts 1999, 76th Leg., ch. 417, Sec. 2(a), eff
Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.