Sec. 3.03. SENTENCES FOR OFFENSES ARISING OUT OF SAME CRIMINAL EPISODE. (a) When the accused is found guilty of more than one offense arising out of the same criminal episode prosecuted in a single criminal action, a sentence for each offense for which he has been found guilty shall be pronounced.
Except as provided by Subsection (b), the sentences shall run concurrently.
(b) If the accused is found guilty of more than one offense arising out of the same criminal episode, the sentences may run concurrently
or consecutively if each sentence is for a conviction of:
(1) an offense:
(A) under Section 49.07 (intoxication assault) or 49.08 (intoxication manslaughter), regardless of whether the accused is convicted of violations of the same section more than once or is convicted of violations of both sections; or
(B) for which a plea agreement was reached in a case in which the accused was charged with more than one offense listed in Paragraph (A), regardless of whether the accused is charged with violations of the same section more than once or is charged with violations of both sections;
(2) an offense:
(A) under Section 33.021 (online solicitation of a minor) or an offense under Section 21.02 (continuous sexual abuse of a child), 21.11 (indecency with a child), 22.011 (sexual assault), 22.021 (aggravated sexual assault), 25.02 (prohibited sexual conduct), or 43.25 (sexual performance by a child) committed against a victim younger than 17 years of age at the time of the commission of the offense regardless of whether the accused is convicted of violations of the same section more than once or is convicted of violations of more than one section; or
(B) for which a plea agreement was reached in a case in which the accused was charged with more than one offense listed in Paragraph (A) committed against a victim younger than 17 years of age at the time of the commission of the offense regardless of whether the accused is charged with violations of the same section more than once or is charged with violations of more than one section;
(3) an offense:
(A) under Section 21.15 (invasive visual recording) or 43.26 (possession or promotion of child
), regardless of whether the accused is convicted of violations of the same section more than once or is convicted of violations of both sections; or
(B) for which a plea agreement was reached in a case in which the accused was charged with more than one offense listed in Paragraph (A), regardless of whether the accused is charged with violations of the same section more than once or is charged with violations of both sections;
(4) an offense for which the judgment in the case contains an affirmative finding under Article 42.0197 (Finding regarding gang-related conduct) , Code of Criminal Procedure;
(5) an offense:
(A) under Section 20A.02 (traffiking of persons) or 43.05(compelling prostitution), regardless of whether the accused is convicted of violations of the same section more than once or is convicted of violations of both sections; or
(B) for which a plea agreement was reached in a case in which the accused was charged with more than one offense listed in Paragraph (A), regardless of whether the accused is charged with violations of the same section more than once or is charged with violations of both sections; or
(6) an offense:
(A) under Section 22.04(a)(1) (Serious bodily Injury to a child, elderly person, or disabled person) or (2) (serious mental deficiency, impairment, or injury to a child, elderly person, or disabled person) or Section 22.04(a-1)(1) or (2) (same as above, but he person is employed in a care home or other caring profession) that is punishable as a felony of the first degree, regardless of whether the accused is convicted of violations of the same section more than once or is convicted of violations of more than one section; or
(B) for which a plea agreement was reached in a case in which the accused was charged with more than one offense listed in Paragraph (A) and punishable as described by that paragraph, regardless of whether the accused is charged with violations of the same section more than once or is charged with violations of more than one section.
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