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To: jporcus

Just thinking...but...I wonder if CBS can be charged since there office is not is Texas. Not sure how that works.
I guess they drag their sorry butts down here after they serve them with extradition papers.

WHILE WE ARE PONDERING ABOUT IT....This looks interesting too.

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.


58 posted on 09/18/2004 1:33:19 AM PDT by ArmyBratproud (all)
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To: ArmyBratproud

Good points. There's got to be something unlawful, nevermind unethical, about all this.


59 posted on 09/18/2004 1:36:39 AM PDT by jporcus
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