§ 1-18. Culpable mental state

(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 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 municipality 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 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 V.T.C.A., 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.

(Code 1993, § 10.19)