Sec. 311.035. CONSTRUCTION OF STATUTE OR RULE INVOLVING CRIMINAL OFFENSE OR PENALTY. (a) In this section, "actor" and "element of offense" have the meanings assigned by Section 1.07, Penal Code.
(b) Except as provided by Subsection (c), a statute or rule that creates or defines a criminal offense or penalty shall be construed in favor of the actor if any part of the statute or rule is ambiguous on its face or as applied to the case, including:
(1) an element of offense; or
(2) the penalty to be imposed.
(c) Subsection (b) does not apply to a criminal offense or penalty under the Penal Code or under the Texas Controlled Substances Act.
(d) The ambiguity of a part of a statute or rule to which this section applies is a matter of law to be resolved by the judge.
Added by Acts 2015, 84th Leg., R.S., Ch. 1251 (H.B. 1396), Sec. 4, eff. September 1, 2015.
Section: Previous 311.015 311.016 311.021 311.022 311.023 311.024 311.025 311.026 311.027 311.028 311.029 311.030 311.031 311.032 311.034Last modified: September 28, 2016