Ordinance No. 10,129ORDINANCE NO. 10,129
® AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING CHAPTER 1- "GENERAL PROVISIONS," SECTION I-
15 "MENTAL STATE" OF THE CODE OF ORDINANCES OF THE CITY OF
BAYTOWN, TEXAS, TO CONFORM WITH HB -970 REQUIRING A
CULPABLE MENTAL STATE FOR OFFENSES DEFINED BY A
MUNICIPALITY IN EXCESS THE AMOUNT AUTHORIZED BY V.T.C.A.,
PENAL CODE §12.23; CONTANING A REPEALING CLAUSE;
CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That Chapter 1 "General Provisions," Section 1 -15 "Mental state" of the
Code of Ordinances of the City of Baytown, Texas, is hereby amended to read as follows:
CHAPTER 1 GENERAL PROVISIONS
Sec. 1 -15. Mental state.
(a) A culpable mental state is not required for the commission of an offense under this Code,
unless:
(1) the provisions defining the offense expressly require a culpable mental state; or
(2) the offense is punishable by a fine exceeding the amount authorized by V.T.C.A.,
Penal Code §12.23.
(b) If an offense defined by this Code is punishable by a fine exceeding the amount
authorized by V.T.C.A., Penal Code §12.23, then the culpable mental state shall be that
of criminal negligence, unless a higher culpable mental state is specified in this Code in
the definition of the offense.
(c) The term "offense" as used in this section means an act, which is prohibited by this
Code or which is made or declared to be unlawful, an offense or a misdemeanor
by this Code.
Section 2: All ordinances or parts of ordinances inconsistent with the terms of this
ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of
such inconsistency and in all other respects this ordinance shall be cumulative of other
ordinances regulating and governing the subject matter covered by this ordinance.
Section 3: If any provision, section, exception, subsection, paragraph, sentence, clause or
phrase of the ordinance or the application of same to any person or the set of circumstances, shall
for any reason be held unconstitutional, void or invalid, such invalidity shall not effect the
+ s.
® validity of the remaining provisions of this ordinance or their application to other persons or sets
of circumstances and to this end all provisions of this ordinance are declared to be severable.
Section 4: The City Clerk is hereby directed to give notice hereof by causing the
caption of this ordinance in the official newspaper of the City of Baytown at least twice within
ten (10) days after the passage of this ordinance.
Section 5: This ordinance shall take effect on September 1, 2005,
INTRODUCED, READ, AND PASSED by the affirmative vote of the City Council of
Baytown, this the 11th day of August, 2005.
C�
CALVIN MUNDINGER, Ma r
ATTEST:
L.
GAx�Y W. SMITH, City Clerk
APPROVED AS TO FORM:
ACIO RAMIREZ, Sr., C(y ttorney
® RAKarenTiles\City Council\Ordinances\2005\August I I\ CulpableMentalStateOrdinance .doc
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