Legge
delle parti del Texas
di
SUBCHAPTER
B. CORPORATIONS AND ASSOCIATIONS § 7.21. DEFINITIONS. In this subchapter:
(1) "Agent" means a director, officer, employee, or other person authorized
to act in behalf of a corporation or association.
(2) "High managerial agent" means: (A) a partner in a partnership; (B)
an officer of a corporation or association; (C) an agent of a corporation
or association who has duties of such responsibility that his conduct
reasonably may be assumed to represent the policy of the corporation or
association.
Acts 1973,
63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993,
73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994. § 7.22. CRIMINAL RESPONSIBILITY
OF CORPORATION OR ASSOCIATION.
(a) If conduct constituting an offense is performed by an agent acting
in behalf of a corporation or association and within the scope of his
office or employment, the corporation or association is criminally responsible
for an offense defined: (1) in this code where corporations and associations
are made subject thereto; (2) by law other than this code in which a legislative
purpose to impose criminal responsibility on corporations or associations
plainly appears; or (3) by law other than this code for which strict liability
is imposed, unless a legislative purpose not to impose criminal responsibility
on corporations or associations plainly appears.
(b) A corporation or association is criminally responsible for a felony
offense only if its commission was authorized, requested, commanded, performed,
or recklessly tolerated by: (1) a majority of the governing board acting
in behalf of the corporation or association; or (2) a high managerial
agent acting in behalf of the corporation or association and within the
scope of his office or employment.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1975, 64th Leg., p. 913, ch. 342, § 4, eff. Sept. 1, 1975; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994. § 7.23.
CRIMINAL RESPONSIBILITY OF PERSON FOR CONDUCT IN BEHALF OF CORPORATION OR ASSOCIATION.
(a) An individual
is criminally responsible for conduct that he performs in the name of
or in behalf of a corporation or association to the same extent as if
the conduct were performed in his own name or behalf.
(b) An agent having primary responsibility for the discharge of a duty
to act imposed by law on a corporation or association is criminally responsible
for omission to discharge the duty to the same extent as if the duty were
imposed by law directly on him.
(c) If an individual is convicted of conduct constituting an offense performed
in the name of or on behalf of a corporation or association, he is subject
to the sentence authorized by law for an individual convicted of the offense.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.
§ 7.24. DEFENSE TO CRIMINAL RESPONSIBILITY OF CORPORATION OR ASSOCIATION. It is an affirmative defense to prosecution of a corporation or association under Section 7.22(a)(1) or (a)(2) that the high managerial agent having supervisory responsibility over the subject matter of the offense employed due diligence to prevent its commission. Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1975, 64th Leg., p. 913, ch. 342, § 5, eff. Sept. 1, 1975; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.
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