Texas State Law Declares Most Texas Elected Officials to be Communists.

[Cutlass]

GOVERNMENT CODE CHAPTER 557. SEDITION, SABOTAGE, AND COMMUNISM

GOVERNMENT CODE


TITLE 5. OPEN GOVERNMENT; ETHICS


SUBTITLE A. OPEN GOVERNMENT


CHAPTER 557. SEDITION, SABOTAGE, AND COMMUNISM



SUBCHAPTER A. SEDITION



Sec. 557.001. SEDITION. (a) A person commits an offense if the person knowingly:

(1) commits, attempts to commit, or conspires with one or more persons to commit an act intended to overthrow, destroy, or alter the constitutional form of government of this state or of any political subdivision of this state by force or violence;

(2) under circumstances that constitute a clear and present danger to the security of this state or a political subdivision of this state, advocates, advises, or teaches or conspires with one or more persons to advocate, advise, or teach a person to commit or attempt to commit an act described in Subdivision (1); or

(3) participates, with knowledge of the nature of the organization, in the management of an organization that engages in or attempts to engage in an act intended to overthrow, destroy, or alter the constitutional form of government of this state or of any political subdivision of this state by force or violence.

(b) An offense under this section is a felony punishable by:

(1) a fine not to exceed $20,000;

(2) confinement in the Texas Department of Criminal Justice for a term of not less than one year or more than 20 years; or

(3) both fine and imprisonment.

(c) A person convicted of an offense under this section may not receive community supervision under Chapter 42A, Code of Criminal Procedure.


Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 25.072, eff. September 1, 2009.

Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 2.60, eff. January 1, 2017.




Sec. 557.002. DISQUALIFICATION. A person who is finally convicted of an offense under Section 557.001 may not hold office or a position of profit, trust, or employment with the state or any political subdivision of the state.


Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.




Sec. 557.003. SEDITIOUS ORGANIZATIONS. (a) An organization, either incorporated or unincorporated, may not engage in or have as a purpose activities intended to overthrow, destroy, or alter the constitutional form of government of this state or a political subdivision of this state by force or violence.

(b) An organization that violates Subsection (a):

(1) may not lawfully exist, function, or operate in this state; and

(2) is not entitled to the rights, privileges, and immunities granted to organizations under the law of this state.

(c) A district attorney, criminal district attorney, or county attorney may bring an action against an organization in a court of competent jurisdiction. If the court finds that the organization has violated Subsection (a), the court shall order:

(1) the organization dissolved;

(2) if the organization is incorporated in the state or has a permit to do business in the state, the organization's charter or permit revoked;

(3) all funds, records, and property of the organization forfeited to the state; and

(4) all books, records, and files of the organization turned over to the attorney general.

(d) It is prima facie evidence that an organization engages in or has as a purpose engaging in activities intended to overthrow, destroy, or alter the constitutional form of the government of this state or a political subdivision of this state by force or violence if it is shown that the organization has a parent or superior organization that engages in or has as a purpose engaging in activities intended to overthrow, destroy, or alter the constitutional form of the government of this state or a political subdivision of this state by force or violence.


Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.




Sec. 557.004. ENFORCEMENT. (a) A district court may, on application by a district attorney, criminal district attorney, or county attorney, order injunctive or other equitable relief appropriate to enforce this subchapter.

(b) The procedure for relief sought under Subsection (a) of this section is the same as that for other similar relief in the district court except that the proceeding may not be instituted unless the director of the Department of Public Safety of the State of Texas or the director's assistant in charge is notified by telephone, telegraph, or in person that injunctive or other equitable relief will be sought.

(c) An affidavit that states that the notice described in Subsection (b) was given and that accompanies the application for relief is sufficient to permit filing of the application.

(d) Injunctive or other equitable relief sought to enforce this subchapter may not be granted in a labor dispute.

(e) The internal security section of the Department of Public Safety of the State of Texas shall assist in the enforcement of this subchapter.


Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.




Sec. 557.005. JUDICIAL POWERS IN LABOR DISPUTES. This subchapter does not affect the powers of the courts of this state or of the United States under the law of this state in a labor dispute.


Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.




SUBCHAPTER B. SABOTAGE



Sec. 557.011. SABOTAGE. (a) A person commits an offense if the person, with the intent to injure the United States, this state, or any facility or property used for national defense sabotages or attempts to sabotage any property or facility used or to be used for national defense.

(b) An offense under this section is a felony punishable by confinement in the Texas Department of Criminal Justice for a term of not less than two years or more than 20 years.

(c) If conduct constituting an offense under this section also constitutes an offense under another provision of law, the actor may be prosecuted under both sections.

(d) In this section, "sabotage" means to wilfully and maliciously damage or destroy property.


Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 25.073, eff. September 1, 2009.




Sec. 557.012. CAPITAL SABOTAGE. (a) A person commits an offense if the person commits an offense under Section 557.011(a) and the sabotage or attempted sabotage causes the death of an individual.

(b) An offense under this section is punishable by:

(1) death; or

(2) confinement in the Texas Department of Criminal Justice for:

(A) life; or

(B) a term of not less than two years.

(c) If conduct constituting an offense under this section also constitutes an offense under other law, the actor may be prosecuted under both sections.


Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 25.074, eff. September 1, 2009.




Sec. 557.013. ENFORCEMENT. The attorney general, a district or county attorney, the department, and any law enforcement officer of this state shall enforce this subchapter.


Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.




SUBCHAPTER C. COMMUNISM



Sec. 557.021. DEFINITIONS. In this subchapter:

(1) "Communist" means a person who commits an act reasonably calculated to further the overthrow of the government:

(A) by force or violence; or

(B) by unlawful or unconstitutional means and replace it with a communist government.

(2) "Department" means the Department of Public Safety of the State of Texas.

(3) "Government" means the government of this state or any of its political subdivisions.


Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.




Sec. 557.022. RESTRICTIONS. (a) The name of a communist may not be printed on the ballot for any primary or general election in this state or a political subdivision of this state.

(b) A person may not hold a nonelected office or position with the state or any political subdivision of the state if:

(1) any of the compensation for the office or position comes from public funds of this state or a political subdivision of this state; and

(2) the employer or superior of the person has reasonable grounds to believe that the person is a communist.


Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.




Sec. 557.023. ENFORCEMENT. The attorney general, a district or county attorney, the department, and any law enforcement officer of this state shall enforce this subchapter.


Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.

Key points being:

(1) "Communist" means a person who commits an act reasonably calculated to further the overthrow of the government:

Sec. 557.011. SABOTAGE. (a) A person commits an offense if the person, with the intent to injure the United States, this state, or any facility or property used for national defense sabotages or attempts to sabotage any property or facility used or to be used for national defense.

Sec. 557.002. DISQUALIFICATION. A person who is finally convicted of an offense under Section 557.001 may not hold office or a position of profit, trust, or employment with the state or any political subdivision of the state.

And then we have...

Ted Cruz and 16 other Texans refused to certify the 2020 election. None would say whether they see it as legitimate today.​

Ted Cruz and 16 other Texans refused to certify the 2020 election. None would say whether they see it as legitimate today.

Cruz was objecting to certifying Arizona’s election results when the Capitol was overrun. His speech that day and his misleading comments that cast doubts on the election led to calls for his resignation.

www.texastribune.org

And:

Texas Republican Party passes resolution denying legitimacy of Biden's victory in presidential election​

Texas Republican Party passes resolution denying legitimacy of Biden's victory in presidential election

Texas Republicans also called for the state to hold a referendum on whether to "reassert its status as an independent nation."

www.cbsnews.com

Greg Abbott Is Suddenly Bending Over Backward to Find 2020 Election Fraud​

Greg Abbott Is Suddenly Bending Over Backward to Find 2020 Election Fraud

Abbott’s office says it has been reviewing votes in certain Texas counties “for months.” But others say the “mad dash” only started after Donald Trump demanded an audit.

www.vanityfair.com

Which is to say, by the letter of the law of the state of Texas, most Texan Republican elected officials have defined themselves as being communists. And because they have defined themselves as being communists, they cannot run for elected office in the state of Texas.


So we need people to file charges in Texas state courts to have these communists taken off the ballots.

@JollyRoger

 

[Takhisis]

Texas is a red state!

 

[Crezth]

it's called national socialism, cutlass.

 

[El_Machinae]

That works very nicely with the secessionist aspect.

 

[EnglishEdward]

Oh, no not another Trump thread !

The argument is legal nonsense.


Failing to certify an election result is NOT committing an act.

And it was not trying to overthrow a government merely
trying keep an expired POTUS in office.

 

[Cloud_Strife]

Oh, no not another Trump thread !

The argument is legal nonsense.


Failing to certify an election result is NOT committing an act.

And it was not trying to overthrow a government merely
trying keep an expired POTUS in office.

You really will defend anything, won't you

 

[Kyriakos]

'"Communist" means a person who commits an act reasonably calculated to further the overthrow of the government'

Why not just call them "Russian".

And I agree with EnglishEdward, it would be better to confine Trump-related threads in one and save the forum from the clutter.

 

[r16]

yeah , and how many new posts there would be in the forum ? With some specific claim that even rather odd Texans are beyond Bidon , like when they are not ?

edit: Am going to do something to people who invented Autocorrect ! One of these days ... People are supposed to be behind Bidon , not beyond him in their hate of Trump .

 

[Cutlass]

Oh, no not another Trump thread !

The argument is legal nonsense.


Failing to certify an election result is NOT committing an act.

And it was not trying to overthrow a government merely
trying keep an expired POTUS in office.

1. Not a Trump thread. Is a communism thread.
2. Refusing to do their job is in fact an action.
3. Refusing to engage in their direct responsibility to see to the peaceful transition of power is an act to overthrow the legitimate government.

Basically, Texas state law clearly defines anyone who is taking actions against the government as communists. And communists may not hold office in Texas. We just need to have this brought into the Texas courts. Every communist running for office needs to have their right to do so challenged in court.

 

[r16]

them Texan Commies , as much as there are , are not for Bidon . Ya wanna FBI come after ya for makin it a topic of debate ?

 

[Kyriakos]

Arbitrarily naming things "communist" is really laughable. Informal use exists anyway, and can find its purposes. Of course this new use of "communist" isn't borne out of existent informal use.

 

[EnglishEdward]

1. Refusing to do their job is in fact an action.
2. Refusing to engage in their direct responsibility to see to the peaceful transition of power

I am aware that some laws and lawyers use terminology such as acts of omission,
but I regard that as merely jargon for omitting to do something, and not an action itself.

In the universe I live in, just not doing something is not an action.

 

[Cutlass]

I am aware that some laws and lawyers use terminology such as acts of omission,
but I regard that as merely jargon for omitting to do something, and not an action itself.

In the universe I live in, just not doing something is not an action.

It certainly is. You park your car and don't set the brake and it rolls away and kills someone, your failure to take the action to set the brake is a legally actionable act of negligent homicide.

By the same token the Texas Communist Party refusal to meet their legal responsibilities could have resulted in the deaths of millions. But even if you don't care about the dead, it's still treason. So it was in fact an act. The treason was intentional, and every one of those people knew they were committing treason.

 

[EnglishEdward]

Failing to set the brake is not an action, it is an omission of an action.

 

[El_Machinae]

I guess so is pushing the brake as I come up to an intersection. I can see the pedantic aspect, but your job (as a driver) is to push that brake. McConnell caused irreparable damage to the Nation by refusing to forward judges to Obama, with the intention of consensus. When he ran for the position, the position included the understanding of that job.

I'll expand on a previous thesis. If Texas can be encouraged to go secession, then the local quislings will pump resources into it. This will then allow local Americans to punish the quisling elements in their own communities. As well, worst case, the nature of the House and Senate will change such that it will be easier for liberals to get their democratic mandate. I do admit that I have a pro-secession bias, because you're not really free if you can't leave.

There are people who think that that the rightwing has gone too far such that pluralism isn't possible in the USA as a whole (though Trump vs. Biden of 51.3% to 46.9% might not be over-whelming a disparity, nor the 47% to 49.3% 2020 Senate, there's a vibe). Now, as a normal position, I think that we have an obligation to plural consensus. But I think it's also possible for someone to refuse to make it possible. If I'm in a prison and we're voting on chores, the person with the shiv should either get one vote or none.

 

[Evie]

If you knowingly chose not to take an action, that is making a choice.
Making a choice is, in and of itself, an action: the action of chosing.
Therefore chosing not to act is, in and of itself, an action, the act of chosing.

Omission can be SLIGHTLY different (in that no conscious choice is involved, merely forgetting or not realizing you had an obligation), but that frankly is asinine nitpicking,

 

[Senethro]

They told us they were going after Roe vs. Wade all along, despite moderate Republicans playing along that it was just posturing.

We should believe them when they tell us how they think American democratic processes are failing them and they're going to have to take action.

 

[r16]

-as the US Army proposes to end its KKK mission

-which was a "preventive" action to identify possible problems with a cover motto of something like the South will rise again

-in case a war was needed against Napoleon lll in Mexico

-even if control was immediately lost with easy pressure against the Blacks which still was used to re-integrate the Confederates back into the US

-the odd notion arose that among all the States Texas can alone leave the Union

-and it so appears that there are Laws in Texas against the Communists

-understanding nothing from the complicated language of Legalese this poster imagines he read stuff that says Communists can not run as Communists but are free to be Democrats or Republicans . Can also exist in Labour Unions

-or maybe nothing like that

-except the world "knows" Donald Trump's Wall was a proposal to Mexican Cartels that if they paid for the Wall and some more , along the lines of adding the Trump Family into higher positions within the money laundering he would get the DEA off their back

-considering the Mexican Cartels pay a "higher than natural" percentage in protection money because Tejas be Mexican and drugs are bad for brains

-and that simply creates a burning desire to know this sudden urge to brand Texan Republicans as Communists is a widespread debate on the web

-or is it limited to CFC

-now that Mark Hamill on Twitter was politely asked to post a link because it looked important to some Turkish guy and it was widely covered here that Luke Skywalker supports the Mayor of Ankara as President in next year's election . It is really odd for people to claim Darth Vader supports them politically , even odder that A-K-P for some strange reason can not , so it has to be Luke ... (Meant to divide the Opposition , Kurds might also reject to vote for formerly Nationalist politician)

-seriously , anyone here paid by Ted Cruz ? So that he can take over what the US Army no longer needs ?

 

[El_Machinae]

I think it's true that the democratic processes are failing. It's part of hiring the same senator for 50 years, so that they learn that multi-generational plans can actually unfold.
If a family is falling apart, you can get counselling or divorces. Or, I guess, force them to stay. I prefer a clean break if reconciliation is impossible, with a friendly rivalry to be the better parent for the kids.

 

[Senethro]

I think it's true that the democratic processes are failing. It's part of hiring the same senator for 50 years, so that they learn that multi-generational plans can actually unfold.
If a family is falling apart, you can get counselling or divorces. Or, I guess, force them to stay. I prefer a clean break if reconciliation is impossible, with a friendly rivalry to be the better parent for the kids.

I mean, I also say that the American democratic process has a whole bunch of issues, but what they mean by it is telling us how they're going to stop someone from stealing their election.