(a) In this section:
(1) “Combination,” “conspires to commit,” “profits,” and “criminal street gang” have the meanings assigned by Section 71.01, Penal Code .
(2) “Conspires to manufacture or produce” means that:
(A) a person agrees with one or more other persons to engage in the manufacture or production of a forged or counterfeit instrument; and
(B) the person and one or more of the other persons perform an overt act in pursuance of the agreement.
(3) “Instrument” means a driver's license, commercial driver's license, or personal identification certificate.
(4) “Public servant” has the meaning assigned by Section 1.07, Penal Code .
(b) A person commits an offense if the person establishes, maintains, or participates in or conspires to establish, maintain, or participate in a combination or criminal street gang, or participates in the profits of a combination or criminal street gang, with the intent to manufacture or produce a forged or counterfeit instrument for the purpose of selling, distributing, or delivering such instrument. An agreement constituting conspiring to manufacture or produce may be inferred from the acts of the parties.
(c) An offense under this section is a state jail felony, except that an offense committed by a public servant is a felony of the third degree.
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