Tex.
Health & Safety Code Section 841.002
Definitions
(1)
“Attorney representing the state” means a district attorney, criminal district attorney, or county attorney with felony criminal jurisdiction who represents the state in a proceeding under this chapter.(2)
“Behavioral abnormality” means a congenital or acquired condition that, by affecting a person’s emotional or volitional capacity, predisposes the person to commit a sexually violent offense, to the extent that the person becomes a menace to the health and safety of another person.(3)
“Case manager” means a person employed by or under contract with the office to perform duties related to the treatment and supervision of a person committed under this chapter.(3-a)
“Civil commitment proceeding” means a trial or hearing conducted under Subchapter D, F, or G.(4)
“Office” means the Texas Civil Commitment Office.(5)
“Predatory act” means an act directed toward individuals, including family members, for the primary purpose of victimization.(6)
“Repeat sexually violent offender” has the meaning assigned by Section 841.003 (Sexually Violent Predator).(7)
“Secure correctional facility” means a county jail or a confinement facility operated by or under contract with any division of the Texas Department of Criminal Justice.(7-a)
“Sexually motivated conduct” means any conduct involving the intent to arouse or gratify the sexual desire of any person immediately before, during, or immediately after the commission of an offense.(8)
“Sexually violent offense” means:(A)
an offense under Section 21.02 (Continuous Sexual Abuse of Young Child or Disabled Individual), 21.11 (Indecency with a Child)(a)(1), 22.011 (Sexual Assault), or 22.021 (Aggravated Sexual Assault), Penal Code;(B)
an offense under Section 20.04 (Aggravated Kidnapping)(a)(4), Penal Code, if the person committed the offense with the intent to violate or abuse the victim sexually;(C)
an offense under Section 30.02 (Burglary), Penal Code, if the offense is punishable under Subsection (d) of that section and the person entered the habitation with the intent to commit an offense listed in Paragraph (A) or (B) or committed or attempted to commit an offense listed in Paragraph (A) or (B);(D)
an offense under Section 19.02 (Murder) or 19.03 (Capital Murder), Penal Code, that, during the guilt or innocence phase or the punishment phase for the offense, during the adjudication or disposition of delinquent conduct constituting the offense, or subsequently during a civil commitment proceeding under Subchapter D, is determined beyond a reasonable doubt to have been based on sexually motivated conduct;(E)
an attempt, conspiracy, or solicitation, as defined by Chapter 15 (Preparatory Offenses), Penal Code, to commit an offense listed in Paragraph (A), (B), (C), or (D);(F)
an offense under prior state law that contains elements substantially similar to the elements of an offense listed in Paragraph (A), (B), (C), (D), or (E); or(G)
an offense under the law of another state, federal law, or the Uniform Code of Military Justice that contains elements substantially similar to the elements of an offense listed in Paragraph (A), (B), (C), (D), or (E).(9)
“Sexually violent predator” has the meaning assigned by Section 841.003 (Sexually Violent Predator).(10)
“Tracking service” means an electronic monitoring service, global positioning satellite service, or other appropriate technological service that is designed to track a person’s location.
Source:
Section 841.002 — Definitions, https://statutes.capitol.texas.gov/Docs/HS/htm/HS.841.htm#841.002 (accessed Apr. 29, 2024).
