I have a misapplication of fiduciary property case in which the defendant is alleged to have violated the law by violating the Texas Election Code and the United States Code (the Internal Revenue Code).

The two questions are: (1) Is there a case that allows for the Court to take judicial notice of those 2 laws, and (2) does the Court actually instruct the jury on the language of those other laws in the jury charge?

Rule 202, Tx.R.Cr.Ev., specifically covers judicial notice of law.

In the charge, I would suggest that the jury just be instructed in the law in about the same manner we summarize the law for any other offense, i.e., track the applicable statute (all depends on where you are using it). E.g.: "You are hereby instructed that the Texas Election Code makes it an offense to blah, blah, blah".

Ff course, you are going to have to make sure the jury understands that the instruction is mandatory, like you do when the judge says "You are instructed that a firearm is a deadly weapon". Some jurors want to argue about that which they cannot.

My reading of Rule 202 is that it is applicable to laws other than the laws of Texas. Is there a provision for judicially noticing a Texas statute?

It was "black letter law" to me, so I had to look up a case for judicial notice of State law.

Try Watts v. State, 99 S.W.3d 604 (Ct.Crim.App.2003)

202 works for the IRS Code

Thanks. That case got me where I needed to go.