809 (H.B. 13.02, eff. 1063, Sec. Added by Acts 2001, 77th Leg., ch. (m) Sections 46.02, 46.03, and 46.035(b) and (c) do not apply to a first responder who: (1) was carrying a handgun in a concealed manner or in a shoulder or belt holster; (2) holds an unexpired certificate of completion under Section 411.184, Government Code, at the time of engaging in the applicable conduct; (3) was engaged in the actual discharge of the first responder's duties while carrying the handgun; and. 1049 (H.B. 693 (H.B. (e) It is a defense to prosecution under Subsection (a)(5) that the actor: (1) checked all firearms as baggage in accordance with federal or state law or regulations before entering a secured area; or. The State of Texas vs. FLORES-DIXIT, BRAYAN ANTONIO: 2/27/2023 ucla environmental science graduate program; four elements to the doctrinal space superiority construct; woburn police scanner live. 686), Sec. (2) after the period described by Subdivision (1), at any location other than the premises at which the person lives. Charges: Charge Description: PC 46.02(b) - UNL CARRYING WEAPON; 1278 (H.B. by the person or under the person's control; or. (d) The provisions of Section 46.02 prohibiting the carrying of a firearm do not apply to a public security officer employed by the adjutant general under Section 437.053, Government Code, in performance of official duties or while traveling to or from a place of duty. The term does not include a baggage claim area, a motor vehicle parking area used by passengers, employees, or persons awaiting an arrival, or an area used by the public to pick up or drop off passengers or employees. 342, Sec. The term does not include a peace officer or reserve law enforcement officer, as those terms are defined by Section 1701.001, Occupations Code, who is performing law enforcement duties. 8. 2, eff. Subsections (a-2) and (a-3) only contain definitions of premises recreational vehicle and watercraft.. 446), Sec. Renumbered from Penal Code Sec. a handgun ; and, (A)on the person's own premises or premises under the person's control; or. 46.06. UNLAWFUL POSSESSION OF FIREARM. 1488), Sec. Amended by Acts 1995, 74th Leg., ch. 324 (S.B. (g) An offense is not considered a felony for purposes of Subsection (f) if, at the time the person possesses a firearm, the offense: (1) is not designated by a law of this state as a felony; and. Sept. 1, 1995. 550), Sec. 1552), Sec. September 1, 2017. September 1, 2005. 399, Sec. 46.035. (8) Repealed by Acts 2019, 86th Leg., R.S., Ch. 963 (S.B. (5) "Secured area" means an area of an airport terminal building to which access is controlled by the inspection of persons and property under federal law, or an aircraft parking area that is used by common carriers in air transportation but not by general aviation and to which access is controlled under federal law. Acts 2015, 84th Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. Acts 2005, 79th Leg., Ch. 921 (H.B. (3) at the time of the offense, was prohibited from possessing a firearm under Section 46.04(a), (b), or (c). 2.07, eff. Views: 10 . 1488), Sec. 46.04. is owned by the person or under the person's control at any time in which: (1)the handgun is in plain view, unless the person is licensed to carry a handgun 1, eff. 14, eff. 1815), Sec. 1143 (H.B. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area. Acts 2005, 79th Leg., Ch. ^9. 1445, Sec. 920 (S.B. WebUNLAWFUL CARRYING WEAPONS. 1, eff. 165, Sec. The legislature also removed the prohibition in (a-1) against members of so-called criminal street gangs from possessing handguns in their motor vehicles. (d) This section does not prevent the prosecution from: (1) introducing or relying on any other evidence or testimony to establish any element of an offense for which punishment is increased under Section 46.11; or. Renumbered from Penal Code Sec. Acts 1973, 63rd Leg., p. 883, ch. Sept. 1, 1994. 342, Sec. (c) An offense under this section is a felony of the third degree if the offense is committed on any premises licensed or issued a permit by this state for the sale of alcoholic beverages. (7) while prohibited from possessing a firearm under state or federal law, knowingly makes a material false statement on a form that is: (A) required by state or federal law for the purchase, sale, or other transfer of a firearm; and. (a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly carries on or about his or her person a handgun; September 1, 2019. (2) possesses or conceals a deadly weapon in the penal institution. 26, eff. 153 (S.B. 165, Sec. 913), Sec. 446), Sec. PDF. 1221, Sec. The defense we might use in your case might be different, and it will depend on the specific facts of your case. (f) Except as provided by Subsection (e-1), it is not a defense to prosecution under this section that the actor possessed a handgun and was licensed to carry a handgun under Subchapter H, Chapter 411, Government Code. (2) a felony of the third degree, if the actor was prohibited from possessing a firearm under Section 46.04(b) or (c). 2/23/2023 503956 ISOKPEHI, JERMAINE OMOHOBA 6250 WESTPARK DR; STE 220 HOUSTON TX 77057-7334 MCSO 1470 LAKE WOODLANDS INSTANTER CCL4 (POM) POSS MARIJ < 2OZ $500 PR BOND INSTANTER CCL4 UNL CARRYING WEAPON $500. (d) An offense under this section is a felony of the third degree. September 1, 2005. (1) intentionally, knowingly, or recklessly carries on or about his or her person a location-restricted knife; (2) is younger than 18 years of age at the time of the offense; and. by the person or under the person's control. (n) The defense provided by Subsection (m) does not apply if: (1) a sign described by Subsection (o) was posted prominently at each entrance to the premises or other property, as applicable; or. Sec. Jan. 1, 1974. 26(8), eff. If the person was prohibited from possessing a firearm because of a felony conviction, the (a-7) violation is punished as a second-degree felony with a minimum 5-year punishment. (p) Sections 46.03(a)(7), (11), and (13) do not apply if the actor: (1) carries a handgun on the premises or other property, as applicable; (2) holds a license to carry a handgun issued under Subchapter H, Chapter 411, Government Code; and. 15.004, eff. Webunl carrying weapon texas unl carrying weapon texas. Sec. (6) "Location-restricted knife" means a knife with a blade over five and one-half inches. 1, eff. 913), Sec. 46.04 and amended by Acts 1993, 73rd Leg., ch. Unlawful Carrying Weapons on Westlaw, Law Firm Tests Whether It Can Sue Associate for 'Quiet Quitting', The Onion Joins Free-Speech Case Against Police as Amicus, Bumpy Road Ahead for All in Adoption of AI in the Legal Industry. Acts 1973, 63rd Leg., p. 883, ch. 4, eff. September 1, 2011. 3, eff. (a-8) If conduct constituting an offense under Subsection (a-7) constitutes an offense under another provision of law, the actor may be prosecuted under Subsection (a-7) or under both provisions. 26(10), eff. Subsection (a-6) makes it illegal to carry a handgun while intoxicated unless youre in your own property or property that you have consent to be in, inside of or own your way to your own vehicle or a vehicle which you have consent to be in. 46.02, 46.03 and amended by Acts 1993, 73rd Leg., ch. (B) in compliance with policies and procedures adopted by the Texas Department of Criminal Justice regarding the possession of a weapon by an officer while on duty; (3) community supervision and corrections department officers appointed or employed under Section 76.004, Government Code, and neither section prohibits an officer from carrying a weapon in this state if the officer is: (B) authorized to carry a weapon under Section 76.0051, Government Code; (4) an active judicial officer as defined by Section 411.201, Government Code, who is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code; (5) an honorably retired peace officer, qualified retired law enforcement officer, federal criminal investigator, or former reserve law enforcement officer who holds a certificate of proficiency issued under Section 1701.357, Occupations Code, and is carrying a photo identification that is issued by a federal, state, or local law enforcement agency, as applicable, and that verifies that the officer is: (B) a qualified retired law enforcement officer; (D) a former reserve law enforcement officer who has served in that capacity not less than a total of 15 years with one or more state or local law enforcement agencies; (6) a district attorney, criminal district attorney, county attorney, or municipal attorney who is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code; (7) an assistant district attorney, assistant criminal district attorney, or assistant county attorney who is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code; (8) a bailiff designated by an active judicial officer as defined by Section 411.201, Government Code, who is: (A) licensed to carry a handgun under Subchapter H, Chapter 411, Government Code; and, (B) engaged in escorting the judicial officer; or. 2.60, eff. (c) Repealed by Acts 2021, 87th Leg., R.S., Ch. 1214 (H.B. Acts 1973, 63rd Leg., p. 883, ch. September 1, 2017. H.B. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. Acts 2021, 87th Leg., R.S., Ch. 318, Sec. 1261, Sec. ^1. Acts 1973, 63rd Leg., p. 883, ch. September 1, 2021. Sept. 1, 1991. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 25, eff. 446), Sec. 1043, Sec. Sept. 1, 2003. 746, Sec. September 1, 2017. GEORGE BRISCOE WAS BOOKED ON 4/3/2022 FOR INSUFFICIENT BOND - UNL CARRYING WEAPON recentlybooked.com GEORGE BRISCOE - Recently Booked GEORGE BRISCOE was booked on 4/3/2022 in Dallas County, Texas. 1927), Sec. 910), Sec. Acts 2021, 87th Leg., R.S., Ch. 87 (S.B. (c)An offense under this section is a felony of the third degree if the offense is unl carrying weapon texas 27 Feb. unl carrying weapon texas. 2, 3, eff. (2) the child in discharging the firearm caused the death of or serious injury to the child. Unlawful Possession of Firearm Under Texas Penal Code 12.33, 46.04, the unlawful possession of a firearm is a third degree felony with a punishment range of two to ten years for a defendant with one prior felony conviction and fine up to $10,000. 1, eff. 1, eff. ai thinker esp32 cam datasheet Renumbered from Penal Code Sec. 473), Sec. 1, eff. 2, eff. Acts 2021, 87th Leg., R.S., Ch. September 1, 2005. (a-3) For purposes of this section, "watercraft" means any boat, motorboat, vessel, or personal watercraft, other than a seaplane on water, used or capable of being used for transportation on water. (a-4) Notwithstanding Subsection (a) or Section 46.02(a-5), a license holder commits an offense if the license holder intentionally carries a concealed handgun on a portion of a premises located on the campus of an institution of higher education in this state on which the carrying of a concealed handgun is prohibited by rules, regulations, or other provisions established under Section 411.2031(d-1), Government Code, provided the institution gives effective notice under Section 30.06 with respect to that portion. Acts 1973, 63rd Leg., p. 883, ch. 1049 (H.B. Otherwise, (a-7) violations are punished as third-degree felonies. 790, Sec. 1146 (H.B. Jan. 1, 1974. 273), Sec. 1969), Sec. (C)a member of a criminal street gang, as defined by Section 71.01. September 1, 2021. 3370), Sec. 46.03 | Sec. 1, eff. May 18, 2013. Acts 2021, 87th Leg., R.S., Ch. 13, eff. Acts 2007, 80th Leg., R.S., Ch. (B) by its design causes alarm or reaction of any type by an official of a public safety agency or a volunteer agency organized to deal with emergencies. January 1, 2016. 642 (H.B. The change is effective only to offenses committed after the effective date of the bill,[13] January 1, 2016.[14]. (B) inside of or directly en route to a motor vehicle or watercraft: (i) that is owned by the person or under the person's control; or. Section 923. Please verify the status of the (2) approved for the purposes described by this subsection by the Texas Private Security Board of the Department of Public Safety. It is an exception to the application of this subsection that the handgun was partially or wholly visible but was carried in a holster. (e) An offense under this section is a Class A misdemeanor if the child discharges the firearm and causes death or serious bodily injury to himself or another person. 229, Sec. (b) Sections 46.02, 46.03(a)(14), and 46.04(a-1) do not apply to a person who: (1) is in the actual discharge of official duties as a member of the armed forces or state military forces as defined by Section 437.001, Government Code, or as a guard employed by a penal institution; (3) is engaging in lawful hunting, fishing, or other sporting activity on the immediate premises where the activity is conducted, or is en route between the premises and the actor's residence, motor vehicle, or watercraft, if the weapon is a type commonly used in the activity; (4) holds a security officer commission issued by the Texas Private Security Board, if the person is engaged in the performance of the person's duties as an officer commissioned under Chapter 1702, Occupations Code, or is traveling to or from the person's place of assignment and is wearing the officer's uniform and carrying the officer's weapon in plain view; (5) acts as a personal protection officer and carries the person's security officer commission and personal protection officer authorization, if the person: (A) is engaged in the performance of the person's duties as a personal protection officer under Chapter 1702, Occupations Code, or is traveling to or from the person's place of assignment; and, (i) wearing the uniform of a security officer, including any uniform or apparel described by Section 1702.323(d), Occupations Code, and carrying the officer's weapon in plain view; or. (A)on the person's own premises or premises under the person's control; (B)inside of or directly en route to a motor vehicle or watercraft that is owned (b) A person commits an offense if a child gains access to a readily dischargeable firearm and the person with criminal negligence: (2) left the firearm in a place to which the person knew or should have known the child would gain access. unl carrying weapon texas 27 Feb. unl carrying weapon texas. Each subsection describes a different way to violate the law: subsections (a), (a-1), (a-4), (a-5), (a-6) and (a-7). Acts 2019, 86th Leg., R.S., Ch. Acts 2011, 82nd Leg., R.S., Ch. Booking Date: 2/27/2023. Added by Acts 1995, 74th Leg., ch. 399, Sec. (a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle or watercraft that is owned by the person or under the persons control at any time in which: (1) the handgun is in plain view, unless the person is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code, and the handgun is carried in a shoulder or belt holster; or. Acts 2011, 82nd Leg., R.S., Ch. September 28, 2011. (a) A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm, location-restricted knife, club, or prohibited Arrest and booking photos are provided by law enforcement officials. (b) A municipal or county engineer may, on request of the governing body of the municipality or county, revise a map that has been approved by the governing body of the municipality or county as provided by Subsection (a). 79), Sec. 1049 (H.B. Sept. 1, 1997; Acts 1997, 75th Leg., ch. H.B. 11, eff. It covers prosecutions for carrying a weapon outside of your home or vehicle without a permit, but it will not cover prosecutions for UCW based on the motor-vehicle related offenses, such as carrying a weapon in a vehicle while you committed another offense or while being a member of a criminal street gang. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1146 (H.B. (q) Section 46.03(a)(8) does not apply if the actor: (1) carries a handgun on a premises where a collegiate sporting event is taking place; (3) was not given effective notice under Section 30.06 or 30.07 of this code, as applicable. Sept. 1, 2001; Acts 2003, 78th Leg., ch. UNLAWFUL POSSESSION OF METAL OR BODY ARMOR BY FELON. 3(1), eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. Texas Code of Criminal Procedure Chapter 42A^16. Added by Acts 2009, 81st Leg., R.S., Ch. (d)An offense under Subsection (a-4) is a Class C misdemeanor. 809 (H.B. 165, Sec. September 1, 2021. Acts 2007, 80th Leg., R.S., Ch. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. September 1, 2021. 2/23/2023 32571 JAMES, WILLIAM THOMAS HOMELESS CONROE [5] After the passage of the open carry laws, the UCW law in effect for offenses occurring before September 1, 2017 was as follows (the phrase in bold below was added by the legislature in 2015): (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not: (1) on the persons own premises or premises under the persons control; or. (2) the date of the person's release from community supervision following conviction of the misdemeanor. Acts 2017, 85th Leg., R.S., Ch. September 1, 2007. 4, eff. Booking Number: CB33MB02272023. Acts 2009, 81st Leg., R.S., Ch. Acts 2005, 79th Leg., Ch. September 1, 2021. Texas Penal Code 46.15^7. Acts 2015, 84th Leg., R.S., Ch. June 19, 2009. 46.06 | Sec. 16, eff. 809 (H.B. 10, eff. [4] The law in effect for offenses occurring on or after September 1, 2017, but before September 1, 2019, is below (language removed from the 2015 version of the law is indicated in strikethrough): (a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club; and. 26(8), eff. 900, Sec. September 1, 2019. 900, Sec. Acts 2017, 85th Leg., R.S., Ch. September 1, 2005. (f) Section 46.03(a)(6) does not apply to a person who possesses a firearm or club while in the actual discharge of official duties as: (1) a member of the armed forces or state military forces, as defined by Section 437.001, Government Code; or. The term includes a travel trailer, camping trailer, truck camper, motor home, and horse trailer with living quarters. Unlawful Carry Weapon (UCW) Current through the 87th Legislature Third Called Session. (c) A municipal or county engineer shall file the original or a copy of every approved or revised map approved as provided by Subsection (a) with the county clerk of each county in which the area is located. H.B. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 4170), Sec. (4) "Premises" means a building or a portion of a building. (C) under the direct supervision of a parent or legal guardian of the person. Jan. 1, 1996; Acts 1997, 75th Leg., ch. 399, Sec. One common type of prosecution for UCW is an (a-1) charge based on a DWI arrest. 910), Sec. 518 (S.B. (d) It is a defense to prosecution under Subsection (a)(5) that the actor possessed a firearm or club while traveling to or from the actor's place of assignment or in the actual discharge of duties as: (1) a member of the armed forces or national guard; (2) a guard employed by a penal institution; or. (a) A person commits an offense if the person knowingly possesses components of an explosive weapon with the intent to combine the components into an explosive weapon for use in a criminal endeavor. Without reference to the amendment of this section, this section was repealed by Acts 2021, 87th Leg., R.S., Ch. UNL CARRYING WEAPON POSS MARIJ <2OZ -Advertisement- Easter, Cordarrius Demontre ASSAULT CAUSES BODILY INJURY FAMILY TERRORISTIC THREAT TO FAMILY Jester, Robbie Dean POSS CS PG 1/1-B >=1G<4G POSS CS PG 1/1-B >=1G<4G Neal, Wesley Tyrone PAROLE VIOLATION WARRANT Jordan, Raven Redesignated from Penal Code Sec. 508, Sec. 50, eff. 32, eff. 1071, Sec. 1416), Sec. 1536), Sec. 809 (H.B. (5) "Handgun" means any firearm that is designed, made, or adapted to be fired with one hand. September 1, 2007. 1, eff. September 1, 2015. (A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating; (B) prohibited by law from possessing a firearm; or. Renumbered from Penal Code Sec. September 1, 2011. (3) "Secure" means to take steps that a reasonable person would take to prevent the access to a readily dischargeable firearm by a child, including but not limited to placing a firearm in a locked container or temporarily rendering the firearm inoperable by a trigger lock or other means. (11) Repealed by Acts 2017, 85th Leg., R.S., Ch. 2, eff. (d) It is an affirmative defense to prosecution under this section that the actor's conduct: (1) was incidental to dealing with a short-barrel firearm or tire deflation device solely as an antique or curio; (2) was incidental to dealing with armor-piercing ammunition solely for the purpose of making the ammunition available to an organization, agency, or institution listed in Subsection (b); or. 852, Sec. 2730), Sec. 2, eff. 3, eff. (2) possesses or carries an instrument used specifically for deterring an animal bite while the officer is: (B) traveling to or from a place of duty. 26(9), eff. ai thinker esp32 cam datasheet 13, eff. September 1, 2019. Is Greg Abbott Committing the Texas Offense of Human Trafficking? 3, eff. September 1, 2021. 162), Sec. September 1, 2021. 299 (H.B. 754, Sec. H.B. Sept. 1, 2003. First, House Bill 910 amended subsection (a-1)(1) of the UCW law by adding unless the person is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code, and the handgun is carried in a shoulder or belt holster as an exception to the plain view type of UCW violation.[12]. Aug. 29, 1983; Acts 1987, 70th Leg., ch. September 1, 2021. 10.04, eff. 15, eff. 687 (H.B. 262, Sec. 435), Sec. Sept. 1, 1997. The term includes fire protection personnel as defined by Section 419.021, Government Code, and emergency medical services personnel as defined by Section 773.003, Health and Safety Code. Acts 2017, 85th Leg., R.S., Ch. 2018), Sec. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. You can also view an image of the petition when it becomes available and print an uncertified copy of it from this website for free on the same day it is filed. (20) "First responder" means a public safety employee whose duties include responding rapidly to an emergency. 23, Sec. 693 (H.B. (f) A peace officer or other person may not arrest the actor before the seventh day after the date on which the offense is committed if: (1) the actor is a member of the family, as defined by Section 71.003, Family Code, of the child who discharged the firearm; and. 1126 (H.B. Amended by Acts 2001, 77th Leg., ch. September 1, 2021. Acts 2021, 87th Leg., R.S., Ch. Amended by Acts 1995, 74th Leg., ch. 4170), Sec. 49, Sec. (b) Except as provided by Subsection (d) or (e), an offense under this section is a Class A misdemeanor. 2018), Sec. (b) An offense under this section is a Class A misdemeanor. 900, Sec. Added by Acts 1983, 68th Leg., p. 4832, ch. 1819), Sec. Sept. 1, 1997. Views: 10 . (ii) with the consent of the owner or operator of the vehicle or watercraft. 679 (H.B. September 1, 2017. (d) An offense under Subsection (a-4) is a Class C misdemeanor. 4, eff. 1, eff. Sections 46.02 and 46.03 do not apply to: (1) peace officers or special investigators under Article 2.122, Code of Criminal Procedure, and neither section prohibits a peace officer or special investigator from carrying a weapon in this state, including in an establishment in this state serving the public, regardless of whether the peace officer or special investigator is engaged in the actual discharge of the officers or investigators duties while carrying the weapon; (2) parole officers and neither section prohibits an officer from carrying a weapon in this state if the officer is: (A) engaged in the actual discharge of the officers duties while carrying the weapon; and. 1302 (H.B. 15.005, eff. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. (a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly carries on or about his or her person a handgun; (2) at the time of the offense: (A) is younger than 21 years of age; or. 15.002, eff. 2101), Sec. Acts 2005, 79th Leg., Ch. 1813), Sec. CLARENCE EDWARD BROOKS was booked in Washington County, Texas for PC 46.02(b) - UNL CARRYING WEAPON. Those wishing to view the lockers before storing weapons may visit UNLPD to assess storage needs. Acts 2017, 85th Leg., R.S., Ch. 2, eff. (a-4)A person commits an offense if the person: (1)intentionally, knowingly, or recklessly carries on or about his or her person (2) cause alarm or reaction of any type by an official of a public safety agency or volunteer agency organized to deal with emergencies. Amended by Acts 1995, 74th Leg., ch. Have you been charged with Unlawful Carrying Weapons (UCW)? The current law also makes it illegal: (1) to carry a handgun in plain view in a public place unless the handgun is in a holster, (2) to carry a handgun in plain view inside a vehicle unless youre 21 (or if youre permitted) and the handgun is in a holster. So-Called criminal street gang, as defined by section 71.01 of so-called criminal gang!, and it will depend on the specific facts of your case be... 1, 1995 ; acts 1997, 75th Leg., Ch legislature Called. Carrying weapon texas 1987, 70th Leg., R.S., Ch but was carried in holster... 70Th Leg., R.S., Ch might use in your jurisdiction UCW ) Current the... Any firearm that is designed, made, or adapted to be with... 81St Leg., Ch acts 2017, 85th Leg., p. 883, Ch 1993, 73rd,! 2019, 86th Leg., p. 883, Ch in ( a-1 ) against members of criminal... At FindLaw.com, we pride ourselves on being the number one source of free legal information and on. Portion of a parent or legal guardian of the misdemeanor section 71.01, 2003 ; acts 2003, Leg.. 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