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Tex. Penal Code § 12.46 (2026)

Use Of Prior Convictions

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Sec. 12.46. USE OF PRIOR CONVICTIONS. The use of a conviction for enhancement purposes shall not preclude the subsequent use of such conviction for enhancement purposes.

Added by Acts 1979, 66th Leg., p. 1027, ch. 459, Sec. 1, eff. June 7, 1979. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

Notes of Decisions
Cited in 24 cases (1 in the last 5 years), 1982–2024 · leading case: Barnes v. State, 70 S.W.3d 294 (Tex. App.—Fort Worth 2002).
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Barnes v. State, 70 S.W.3d 294 (Tex. App.—Fort Worth 2002). · cites it 3× “Effective June 7, 1979, the legislature enacted Texas Penal Code, section 12.46, 3 which provides: “The use of a conviction for enhancement purposes shall not preclude the subsequent use of such conviction for enhancement purposes.”
Williams v. State, 356 S.W.3d 508 (Tex. App.—Texarkana 2011). “While under certain circumstances multiple use of enhancements may be limited, Williams has failed to provide this Court with authority that an exception to this general rule applies in this case and we are unaware of any such authority.”
Bell v. State, 326 S.W.3d 716 (Tex. App.—Dallas 2010). “” Tex. Penal Code § 12.46. Bell argues that this provision limits the repeated use of an enhancement conviction to proceedings that arise later in time.”
Williams v. State, 946 S.W.2d 886 (Tex. App.—Waco 1997). “Laws at 3605 (current version at Tex. Penal Code Ann. § 12.46 (Vernon 1994)).”
Woodard v. State, 931 S.W.2d 747 (Tex. App.—Waco 1996). “TexPenal Code Ann. § 12.46 (Vernon 1994).”
State v. Nelms, 775 S.W.2d 25 (Tex. App.—Houston [1st Dist.] 1989). · cites it 2× “7,536, was not used for enhancement pursuant to Tex.Penal Code Ann. section 12.46 (Vernon Supp.”
Howes v. State, 120 S.W.3d 903 (Tex. App.—Texarkana 2003). “” Tex. Pen.Code Ann. § 12.46 (Vernon 2003).”
Kent v. State, 879 S.W.2d 80 (Tex. App. 1994). “He argues that it was error for the trial court to simultaneously use the same two convictions to enhance both counts in the indictment, citing Tex.Penal Code Ann. § 12.46 (Vernon Supp.”
Villarreal v. State, 809 S.W.2d 295 (Tex. App.—Corpus Christi 1991). “Appellant argues that where multiple offenses arising out of a single criminal episode are tried together, one prior felony conviction should not be allowed to enhance more than one sentence.”
State v. Olesen, 331 N.W.2d 75 (S.D. 1983). “” Tex. Penal Code Ann., § 12.46 (Vernon). Accordingly, we are not persuaded that we should restrict the use of prior convictions of driving while intoxicated for enhancement purposes.”
Bonner v. State, 728 S.W.2d 921 (Tex. App.—Houston [1st Dist.] 1987). “Appellant relies on cases that preceded the enactment of Tex.Pen.Code Ann. section 12.46 (Vernon 1987), which provides that: The use of a conviction for enhancement purposes shall not preclude the subsequent use of such conviction for enhancement purposes.”
Goodlow v. State, 766 S.W.2d 352 (Tex. App.—Texarkana 1989). “In Bonham, the Court held that the retroactive application of Tex. Penal Code Ann. § 12.46 (Vernon Supp.”
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