Texas Code of Criminal Procedure

Art. Art. 62.003
Determination Regarding Substantially Similar Elements of Offense


(a)

For the purposes of this chapter, the department is responsible for determining whether an offense under the laws of another state, federal law, the laws of a foreign country, or the Uniform Code of Military Justice contains elements that are substantially similar to the elements of an offense under the laws of this state.

(b)

The department annually shall provide or make available to each prosecuting attorney’s office in this state:

(1)

the criteria used in making a determination under Subsection (a); and

(2)

any existing record or compilation of offenses under the laws of another state, federal law, the laws of a foreign country, and the Uniform Code of Military Justice that the department has already determined to contain elements that are substantially similar to the elements of offenses under the laws of this state.

(c)

An appeal of a determination made under this article shall be brought in a district court in Travis County.
Reenacted and amended by Acts 2005, 79th Leg., Ch. 1008 (H.B. 867), Sec. 1.01, eff. September 1, 2005.
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Last accessed
Jun. 7, 2021