Texas Penal Code
Sec. § 12.43
Penalties for Repeat and Habitual Misdemeanor Offenders


(a)

If it is shown on the trial of a Class A misdemeanor that the defendant has been before convicted of a Class A misdemeanor or any degree of felony, on conviction he shall be punished by:

(1)

a fine not to exceed $4,000;

(2)

confinement in jail for any term of not more than one year or less than 90 days; or

(3)

both such fine and confinement.

(b)

If it is shown on the trial of a Class B misdemeanor that the defendant has been before convicted of a Class A or Class B misdemeanor or any degree of felony, on conviction he shall be punished by:

(1)

a fine not to exceed $2,000;

(2)

confinement in jail for any term of not more than 180 days or less than 30 days; or

(3)

both such fine and confinement.

(c)

If it is shown on the trial of an offense punishable as a Class C misdemeanor under Section 42.01 (Disorderly Conduct) or 49.02 (Public Intoxication) that the defendant has been before convicted under either of those sections three times or three times for any combination of those offenses and each prior offense was committed in the 24 months preceding the date of commission of the instant offense, the defendant shall be punished by:

(1)

a fine not to exceed $2,000;

(2)

confinement in jail for a term not to exceed 180 days; or

(3)

both such fine and confinement.

(d)

If the punishment scheme for an offense contains a specific enhancement provision increasing punishment for a defendant who has previously been convicted of the offense, the specific enhancement provision controls over this section.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 318, Sec. 2, eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 564, Sec. 1, eff. Sept. 1, 1999.
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Last accessed
May. 8, 2021