Murder

Sec. 19.02.  MURDER.

(b)  A person commits an offense if he:

(1)  intentionally or knowingly causes the death of an individual;

(2)  intends to cause serious bodily injury and commits an act clearly dangerous to human life that causes the death of an individual;  or

(3)  commits or attempts to commit a felony, other than manslaughter, and in the course of and in furtherance of the commission or attempt, or in immediate flight from the commission or attempt, he commits or attempts to commit an act clearly dangerous to human life that causes the death of an individual.

(c)  Except as provided by Subsection (d), an offense under this section is a felony of the first degree.

(d)  At the punishment stage of a trial, the defendant may raise the issue as to whether he caused the death under the immediate influence of sudden passion arising from an adequate cause.  If the defendant proves the issue in the affirmative by a preponderance of the evidence, the offense is a felony of the second degree.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1973, 63rd Leg., p. 1123, ch. 426, art. 2, Sec. 1, eff. Jan. 1, 1974;  Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.19.htm