ByLaw Amendment - Restrict who can serve as Directors and Officers

DMS General
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Here is the first one

felony1 felony

The title seems a bit misleading as it covers non-felons. You can plead and not be convicted or the charges dropped.

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The titles are merely broad descriptions of the proposed changes and will not be encoded into the bylaws if they are passed.

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I understand that. Someone may agree with the title “Prohibit Felons” but not to the language of the actual amendment which is different.

IMO, it should have been written “Restrict who can serve as Directors and Officers” to be less confusing.

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Now you’re quibbling over presentation.

I would suggest that members read over the proposed changes prior to voting on them.

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I am not sure that I understand the justification for this prohibition. If the members find a past offense to be problematic then they will vote accordingly. Furthermore, felonies encompass a broad scope of crimes, many of which should not disqualify someone from obtaining a board position.

Surely we can find a better alternative that involves disclosure rather than an outright prohibition?

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I agree that marijuana related crimes should not be disqualifying.

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I think that 25 years is going back too far and especially for non-felons. This just goes way beyond what is needed.

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I don’t think it is productive to create qualifications for candidates beyond what is legally required. I know that we need some centralization and control but the membership should at least be trusted to determine the qualifications for leadership on an individual basis according to their own judgements.

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Who is responsible for running a background check and publishing the results?

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I think this is an excellent idea. A provable record of 25 years without a felony would require that officers and board members be at least 43 years old. This would be a great improvement on the current situation.

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Considering that the only officers we’ve permanently banned were over 43, I doubt it.

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I googled “what constitutes a felony in Texas” because I knew the big ones but not the little ones. I’m sure this isn’t a conclusive list it’s pretty good…and also the first thing that popped up in the google search.

Examples of State Jail Felonies

  • DWI (driving while intoxicated) with a child passenger
  • Criminally negligent homicide
  • Possessing less than a gram of a controlled substance (certain illegal drugs)
  • Burglarizing a building
  • Forging a check
  • Using a vehicle to evade arrest
  • Unauthorized use of a vehicle
  • Theft of items valued from $1,500 to $20,000

Examples of Third Degree Felonies

  • Indecent exposure to a child
  • Intoxication assault
  • DWI (third offense)
  • Tampering with evidence
  • Aggravated perjury (lying under oath in court)
  • Stalking
  • Jumping bail for a felony arrest
  • Possessing a firearm as a felon
  • Violating a protective order (third offense)
  • Escape from felony custody
  • Deadly conduct with a firearm
  • Threatening violence to coerce a minor to join a gang
  • Credit card abuse
  • Criminal nonsupport
  • Cruelty to animals
  • False alarm or false report
  • Possessing or fraudulently using someone’s identifying information
  • Improper visual recording or photography
  • Interfering with child custody

Examples of Second Degree Felonies

Examples of First Degree Felonies

  • Aggravated sexual assault against a child
  • Solicitation of capital murder
  • Attempted capital murder
  • Aggravated robbery
  • Aggravated kidnapping
  • Aggravated assault of a public servant
  • Escaping from custody when serious bodily injury is involved
  • Burglarizing a habitation with the intent to commit a felony
  • Causing a serious bodily injury to a disabled person, senior citizen or child
  • Trafficking persons below age 14
  • Arson of a habitation resulting in death

Examples of Capital Felonies

  • Capital murder (premeditated)
  • Murder with special circumstances (such as intentional, multiple, involved with another crime, with guns, of a police officer, or a repeat offense)
  • Espionage
  • Treason
  • Death resulting from aircraft hijacking
  • Genocide
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And here’s specifics about felonies and specific drugs. Also, the first thing that pops up after “felonies associated with drugs in Texas”

Texas Cocaine Laws & Punishments

Texas Health and Safety Code (481.115) makes it illegal to possess, manufacture or deliver any amount of cocaine in Texas. Cocaine punishments depend on the amount of cocaine involved in the arrest.

Possession of cocaine under 1 gram is a state jail felony bringing a prison sentence of 6 months to 2 years. However, for first-time offenders the sentence can be probated, meaning probation instead of jail time.

Possessing 1 to 4 grams of cocaine is a third-degree felony. Such crimes can bring fines of up to $10,000 and jail time of 2 to 10 years. Possessing 4 to 200 grams of cocaine is a second-degree felony, which also can bring 2 to 10 years in jail and a $10,000 fine.

Possessing 200 to 400 grams of cocaine is a first-degree felony, bringing a fine of up to $10,000 and jail time of 5 to 99 years. Possessing over 400 grams can mean a $100,000 fine and 10 to 99 years in prison.

For delivery of cocaine , Texas Health and Safety Code (481.112) levies a fine of up to $10,000 and jail time of 180 days to 2 years for delivering under 1 gram. For delivering over 400 grams of cocaine, punishments can be prison time of 15 to 99 years and/or a fine of $250,000.

As for manufacturing cocaine , Texas Health and Safety Code (481.112) allows for fines of up to $10,000 and jail time of 180 days to 2 years for manufacturing under 1 gram of cocaine. Manufacturing over 400 grams of cocaine means a $250,000 fine and/or 15 to 99 years in prison.

Texas Marijuana Laws & Punishments

Despite widespread public support for marijuana legalization, Texas lawmakers maintain harsh punishments for the illegal substance. Such punishments depend on the charge and amount of marijuana.

Texas Health and Safety Code (Section 481.120) holds that if you intentionally or knowingly have “actual care, custody, control or management” of marijuana, that constitutes possession of marijuana .

Penalties and punishments for possession of marijuana depend on the amount of marijuana possessed.

Possessing under two ounces of marijuana is a Class B misdemeanor, for which Texas punishment can be as much as 180 days in county jail and/or a fine of up to $2,000, along with two years of community supervision (probation). Possession of 2 to 4 ounces of marijuana can mean a 1-year jail sentence and a $4,000 fine.

Possessing more than 4 ounces of marijuana is a felony in Texas. Possessing up to 5 pounds can earn 180 days to 2 years in jail and a $10,000 fine. For 5 to 50 pounds the fine is $10,000 and jail time is 2 to 10 years.

For 50 to 2,000 pounds of marijuana, the fine is $10,000 and jail time is 2 to 20 years. For over 2,000 pounds, the prison sentence is 5 to 99 years and the fine is $50,000.

Cultivation of marijuana (growing marijuana plants) is a possession offense whose penalties depend on the weight of the marijuana.

For trafficking, delivery, transfer or sales of marijuana , Texas Health and Safety Code (481.121) holds that selling 7 grams or less is a misdemeanor with 180 days of jail time and a $2,000 fine. Selling 7 grams to 5 pounds is a felony with 1 year of jail time and a $4,000 fine. Selling any amount to a minor is a felony with 2 to 20 years of jail time and a $20,000 fine.

Keep in mind that different jurisdictions have different priorities when it comes to low-level marijuana possession. In Houston and the rest of Harris County, the District Attorney will not prosecute those arrested with less than 4 ounces of marijuana. In fact, the charge will be dropped from their record if they take a four-hour drug education class.

Texas Meth Laws & Punishments

The Texas Controlled Substances Act makes it a crime to possess, distribute or manufacture methamphetamine, also known as meth or crystal meth. Punishments depend on the type and amount of materials associated with meth, but virtually all Texas meth punishments include over a year in prison.

In Texas, meth possession of under 1 gram of meth can lead to a fine of $10,000 and up to 2 years in prison. For possession of 1 to 3.99 grams of meth, the crime is a third degree felony with a $10,000 fine and 2 to 10 years in prison. For possessing 4 to 199 grams of meth, the crime is a second-degree felony with a $10,000 fine and 2 to 20 years in prison.

Possessing of 200 to 399 grams of meth is a first-degree felony with a $10,000 fine and 5 to 99 years in prison. Possessing 400 grams or more of meth is an “enhanced” first-degree felony with a $10,000 fine and 10 to 99 years in prison.

Manufacturing or distributing meth can bring more severe punishments, again depending on the weight of the materials. The manufacture or delivery statute brings punishments of 2 to 20 years in prison for 1 to 4 grams and 10 to 99 years in prison for 200 to 400 grams.

Possessing meth paraphernalia (hollowed-out pens, bottle caps, needles, etc.) for a person’s own use brings a fine of up to $500.

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Just want to explore this idea. Not trying to single you out Specifically but more field it from everyone. Just using your quote as a springboard.

Do you feel people running for office at Dms should disclose this felony conviction to the membership as a whole?
The people running now (or in the past) could easily have a felony and we are not aware because the member doesn’t publicly disclose the information.

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Non-felons are allowed to serve as Director and Officer. Not sure what your quibble is here.

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If I follow, and the logic is a bit twisted, the law offices of Draco and Draco believe it’s possible to plea guilty or no contest to a felony charge and not be convicted.

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Even if Draco’s clients are singing like canaries, they’ll still have a conviction/guilty plea on their record, just with a hand slap in exchange for being a stoolie.

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I think this is getting at the intent of the new rule. I wasn’t involved in drafting it, so this is speculation. But having this prohibition allows DMS to put a check box on the application form, or an affirmative question on the SOI: “Have you ever been convicted of or pleaded no contest to a felony?” If they’re lying and it’s discovered, they’re immediately out as an officer or director, with a minimum of drama.

Edit to add: This provision also cuts down on the number of background checks required, if DMS chooses to do them. Instead of “every candidate” being checked, it becomes, “only those elected and appointed.”

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I think the point is that someone can enter a guilty plea as part of a deal, where the guilty plea isn’t accepted by the court (nor is a conviction entered), contingent upon completion of some alternative remedy. Breaking the terms of that results in an acceptance of the guilty plea and the entering of a conviction.

A person who successfully navigates a scenario like that is not a felon yet has entered a guilty plea (with no effect because it didn’t result in a conviction).

I don’t think we should be second-guessing the legal system. Either a person was convicted or they weren’t.

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I can see that, but it’s splitting hairs. If it doesn’t show up on a background check then how will someone know?

Well, I could see some of our members who like to piss and moan about everything actually spend their own money to research stuff further… just to be an (redacted).