Tex.
Penal Code Section 3.03
Sentences for Offenses Arising out of Same Criminal Episode
(a)
When the accused is found guilty of more than one offense arising out of the same criminal episode prosecuted in a single criminal action, a sentence for each offense for which the accused has been found guilty shall be pronounced. Except as otherwise provided by this section, the sentences shall run concurrently.(b)
If the accused is found guilty of more than one offense arising out of the same criminal episode, the sentences may run concurrently or consecutively if each sentence is for a conviction of:(1)
an offense:(A)
under Section 49.07 (Intoxication Assault) or 49.08 (Intoxication Manslaughter), regardless of whether the accused is convicted of violations of the same section more than once or is convicted of violations of both sections; or(B)
for which a plea agreement was reached in a case in which the accused was charged with more than one offense listed in Paragraph (A), regardless of whether the accused is charged with violations of the same section more than once or is charged with violations of both sections;(2)
an offense:(A)
under Section 33.021 (Online Solicitation of a Minor) or an offense under Section 21.02 (Continuous Sexual Abuse of Young Child or Disabled Individual), 21.11 (Indecency with a Child), 22.011 (Sexual Assault), 22.021 (Aggravated Sexual Assault), 25.02 (Prohibited Sexual Conduct), or 43.25 (Sexual Performance by a Child) committed against a victim younger than 17 years of age at the time of the commission of the offense regardless of whether the accused is convicted of violations of the same section more than once or is convicted of violations of more than one section; or(B)
for which a plea agreement was reached in a case in which the accused was charged with more than one offense listed in Paragraph (A) committed against a victim younger than 17 years of age at the time of the commission of the offense regardless of whether the accused is charged with violations of the same section more than once or is charged with violations of more than one section;(3)
an offense:(A)
under Section 21.15 (Invasive Visual Recording) or 43.26 (Possession or Promotion of Child Pornography), regardless of whether the accused is convicted of violations of the same section more than once or is convicted of violations of both sections; or(B)
for which a plea agreement was reached in a case in which the accused was charged with more than one offense listed in Paragraph (A), regardless of whether the accused is charged with violations of the same section more than once or is charged with violations of both sections;(4)
an offense for which the judgment in the case contains an affirmative finding under Article 42.0197 (Finding Regarding Gang-related Conduct), Code of Criminal Procedure;(5)
an offense:(A)
under Section 20A.02 (Trafficking of Persons), 20A.03 (Continuous Trafficking of Persons), or 43.05 (Compelling Prostitution), regardless of whether the accused is convicted of violations of the same section more than once or is convicted of violations of more than one section; or(B)
for which a plea agreement was reached in a case in which the accused was charged with more than one offense listed in Paragraph (A), regardless of whether the accused is charged with violations of the same section more than once or is charged with violations of more than one section;(6)
an offense:(A)
under Section 22.04 (Injury to a Child, Elderly Individual, or Disabled Individual)(a)(1) or (2) or Section 22.04 (Injury to a Child, Elderly Individual, or Disabled Individual)(a-1)(1) or (2) that is punishable as a felony of the first degree, regardless of whether the accused is convicted of violations of the same section more than once or is convicted of violations of more than one section; or(B)
for which a plea agreement was reached in a case in which the accused was charged with more than one offense listed in Paragraph (A) and punishable as described by that paragraph, regardless of whether the accused is charged with violations of the same section more than once or is charged with violations of more than one section; or(7)
any combination of offenses listed in Subdivisions (1)-(6).(b-1)
Subsection (b)(4) does not apply to a defendant whose case was transferred to the court under Section 54.02 (Waiver of Jurisdiction and Discretionary Transfer to Criminal Court), Family Code.(c)
If in a single criminal action the accused is found guilty of more than one offense under Section 22.02 (Aggravated Assault) that arises out of the same criminal episode, the sentences run consecutively if each sentence is for a conviction of an assault punishable as a felony of the first degree under Section 22.02 (Aggravated Assault)(b)(4).(d)
(1) This subsection applies only to a single criminal action in which the accused is found guilty of:(A)
an offense under Section 20.05 (Smuggling of Persons)(a)(2) or an offense under Section 20.06 (Continuous Smuggling of Persons) involving conduct constituting an offense under Section 20.05 (Smuggling of Persons)(a)(2); and(B)
an offense punishable under Section 22.01 (Assault)(b-4), 28.10 (Enhanced Penalty for Certain Misdemeanors or State Jail Felonies), 30.02 (Burglary)(c-2), 30.04 (Burglary of Vehicles)(d)(3)(B), 30.05 (Criminal Trespass)(d)(4), or 38.04 (Evading Arrest or Detention)(b-1) that arises out of the same criminal episode as the offense described by Paragraph (A).(2)
The sentence for an offense described by Subdivision (1)(A) may run consecutively with each sentence for an offense described by Subdivision (1)(B).(3)
If the accused is found guilty of more than one offense described by Subdivision (1)(A), the sentences for those offenses must run concurrently with each other.(e)
Except as otherwise provided by this subsection, if in a single criminal action the accused is found guilty of more than one offense arising out of the same criminal episode, the sentences may run consecutively if each sentence is for a conviction of an offense for which a plea agreement was reached in a case in which the accused was charged with an offense described by Subsection (d)(1)(A) and an offense described by Subsection (d)(1)(B). If the accused is found guilty of more than one offense described by Subsection (d)(1)(A), the sentences for those offenses must run concurrently with each other.
Source:
Section 3.03 — Sentences for Offenses Arising out of Same Criminal Episode, https://statutes.capitol.texas.gov/Docs/PE/htm/PE.3.htm#3.03 (accessed Apr. 29, 2024).
