(a) A person commits an offense if the person manufactures, possesses, delivers, offers to deliver, or advertises:
(1) a counterfeit telecommunications device; or
(2) a telecommunications device that is intended to be used to:
(A) commit an offense under Section 33A.04; or
(B) conceal the existence or place of origin or destination of a telecommunications service.
(b) A person commits an offense if the person delivers, offers to deliver, or advertises plans, instructions, or materials for manufacture of:
(1) a counterfeit telecommunications device; or
(2) a telecommunications device that is intended to be used to commit an offense under Subsection (a).
(c) An offense under this section is a felony of the third degree.
(d) It is a defense to prosecution under this section that the person was an officer, agent, or employee of a telecommunications service provider who engaged in the conduct for the purpose of gathering information for a law enforcement investigation related to an offense under this chapter.
Official text of the Texas Penal Code as published by the Texas Legislative Council.