Texas Attorney General Opinion: GA-0501 Page: 3 of 4
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The Honorable David Swinford - Page .3 (GA-0501)
And here the Texas Penal Code defers to the criminal punishment established by the
Occupations Code. See TEX. PEN. CODE ANN. 1.03(a)-(b) (Vernon 2003). Under section 1.03(b)
if an offense defined outside the Penal Code affixes a punishment that is classified using the
classification system of the Penal Code, then the punishment for that offense is determined by the
Penal Code classification provided. See id. By defining the applicable criminal punishment for a
violation of subtitle B as either a Class A misdemeanor or a third degree felony, the Occupations
Code uses the misdemeanor and felony classification system of the Penal Code. See TEX. Occ.
CODE ANN. 165.151(b), .152(a), (c) (Vernon 2004). Thus, under section 1.03(b), the criminal
punishment for a violation of subtitle B is determined according to the Occupations Code.
Accordingly, we conclude that a physician who violates section 164.052(a)(18) or 164.052(a)(19)
is subject to the criminal penalties of the Occupations Code.
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Texas. Attorney-General's Office. Texas Attorney General Opinion: GA-0501, text, January 24, 2007; (https://texashistory.unt.edu/ark:/67531/metapth275397/m1/3/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.