(A) In any prosecution filed under a provision of this code or any ordinance of the city which expressly requires proof that the actor engaged in conduct intentionally, knowingly, recklessly or with criminal negligence, then a person does not commit an offense unless he or she is shown to have engaged in such conduct as the definition of the offense requires.
(B) Whenever in this code or in any ordinance of the city an act or a failure to act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, and such provision does not expressly require proof of a culpable mental state, proof of a culpable mental state is not required for conviction of such offense, it being the intent of the City Council to dispense with the requirement of any culpable mental state in prosecutions filed under such provisions of this code and other ordinances of the city; provided, however, that if such offense is punishable by a fine exceeding the amount authorized by Tex. Penal Code § 12.23, a person does not commit such offense unless he is shown to have recklessly engaged in such conduct as the definition of the offense requires.
(C) Proof of a higher degree of culpability than that charged constitutes proof of the culpability charged.
(D) The change in the law made by this section applies only to an offense committed on or after the effective date of this section. For purposes of this section, an offense is committed before the effective date of this section if any element of the offense occurs before the effective date. An offense committed before the effective date of this section is covered by the law in effect when the act was committed, and the former law is continued in effect for that purpose.
(Ord. 2002-25, passed 11-12-02; Am. Ord. 2005-31, passed 9-27-05)