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PENAL CODE
CHAPTER 37. PERJURY AND OTHER FALSIFICATION
Sec. 37.01. DEFINITIONS. In this chapter:
(1) "Court record" means a decree, judgment, order, subpoena, warrant,
minutes, or other document issued by a court of:
(A) this state;
(B) another state;
(C) the United States;
(D) a foreign country recognized by an act of congress or a treaty or other
international convention to which the United States is a party;
(E) an Indian tribe recognized by the United States; or
(F) any other jurisdiction, territory, or protectorate entitled to full faith and
credit in this state under the United States Constitution.
(2) "Governmental record" means:
(A) anything belonging to, received by, or kept by government for
information, including a court record;
(B) anything required by law to be kept by others for information of
government;
(C) a license, certificate, permit, seal, title, letter of patent, or similar
document issued by government, by another state, or by the United States;
(D) a standard proof of motor vehicle liability insurance form described by
Section 601.081, Transportation Code, a certificate of an insurance company
described by Section 601.083 of that code, a document purporting to be
such a form or certificate that is not issued by an insurer authorized to write
motor vehicle liability insurance in this state, an electronic submission in a
form described by Section 502.153(i), Transportation Code, or an evidence of
financial responsibility described by Section 601.053 of that code; or
(E) an official ballot or other election record.
(3) "Statement" means any representation of fact.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by
Acts 1991, 72nd Leg., ch. 113, Sec. 3, eff. Sept. 1, 1991; Acts 1993, 73rd
Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 189,
Sec. 5, eff. May 21, 1997; Acts 1997, 75th Leg., ch. 823, Sec. 3, eff. Sept. 1,
1997; Acts 1999, 76th Leg., ch. 659, Sec. 1, eff. Sept. 1, 1999; Acts 2003,
78th Leg., ch. 393, Sec. 21, eff. Sept. 1, 2003.
Sec. 37.02. PERJURY. (a) A person commits an offense if, with intent to
deceive and with knowledge of the statement's meaning:
(1) he makes a false statement under oath or swears to the truth of a false
statement previously made and the statement is required or authorized by
law to be made under oath; or
(2) he makes a false unsworn declaration under Chapter 132, Civil Practice
and Remedies Code.
(b) An offense under this section is a Class A misdemeanor.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by
Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Sec. 37.03. AGGRAVATED PERJURY. (a) A person commits an offense if he
commits perjury as defined in Section 37.02, and the false statement:
(1) is made during or in connection with an official proceeding; and
(2) is material.
(b) An offense under this section is a felony of the third degree.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by
Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Sec. 37.04. MATERIALITY. (a) A statement is material, regardless of the
admissibility of the statement under the rules of evidence, if it could have
affected the course or outcome of the official proceeding.
(b) It is no defense to prosecution under Section 37.03 (Aggravated
Perjury) that the declarant mistakenly believed the statement to be
immaterial.
(c) Whether a statement is material in a given factual situation is a question
of law.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by
Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Sec. 37.05. RETRACTION. It is a defense to prosecution under Section 37.03
(Aggravated Perjury) that the actor retracted his false statement:
(1) before completion of the testimony at the official proceeding; and
(2) before it became manifest that the falsity of the statement would be
exposed.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by
Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Sec. 37.06. INCONSISTENT STATEMENTS. An information or indictment for
perjury under Section 37.02 or aggravated perjury under Section 37.03 that
alleges that the declarant has made statements under oath, both of which
cannot be true, need not allege which statement is false. At the trial the
prosecution need not prove which statement is false.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by
Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Sec. 37.07. IRREGULARITIES NO DEFENSE. (a) It is no defense to
prosecution under Section 37.02 (Perjury) or 37.03 (Aggravated Perjury)
that the oath was administered or taken in an irregular manner, or that
there was some irregularity in the appointment or qualification of the person
who administered the oath.
(b) It is no defense to prosecution under Section 37.02 (Perjury) or 37.03
(Aggravated Perjury) that a document was not sworn to if the document
contains a recital that it was made under oath, the declarant was aware of
the recital when he signed the document, and the document contains the
signed jurat of a public servant authorized to administer oaths.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by
Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Sec. 37.08. FALSE REPORT TO PEACE OFFICER OR LAW ENFORCEMENT
EMPLOYEE. (a) A person commits an offense if, with intent to deceive, he
knowingly makes a false statement that is material to a criminal
investigation and makes the statement to:
(1) a peace officer conducting the investigation; or
(2) any employee of a law enforcement agency that is authorized by the
agency to conduct the investigation and that the actor knows is conducting
the investigation.
(b) In this section, "law enforcement agency" has the meaning assigned by
Article 59.01, Code of Criminal Procedure.
(c) An offense under this section is a Class B misdemeanor.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by
Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1997, 75th
Leg., ch. 925, Sec. 1, eff. Sept. 1, 1997.
Sec. 37.081. FALSE REPORT REGARDING MISSING CHILD OR MISSING
PERSON. (a) A person commits an offense if, with intent to deceive, the
person knowingly:
(1) files a false report of a missing child or missing person with a law
enforcement officer or agency; or
(2) makes a false statement to a law enforcement officer or other employee
of a law enforcement agency relating to a missing child or missing person.
(b) An offense under this section is a Class C misdemeanor.
Added by Acts 1999, 76th Leg., ch. 200, Sec. 3, eff. Sept. 1, 1999.
Sec. 37.09. TAMPERING WITH OR FABRICATING PHYSICAL EVIDENCE. (a) A
person commits an offense if, knowing that an investigation or official
proceeding is pending or in progress, he:
(1) alters, destroys, or conceals any record, document, or thing with intent
to impair its verity, legibility, or availability as evidence in the investigation or
official proceeding; or
(2) makes, presents, or uses any record, document, or thing with
knowledge of its falsity and with intent to affect the course or outcome of
the investigation or official proceeding.
(b) This section shall not apply if the record, document, or thing concealed is
privileged or is the work product of the parties to the investigation or official
proceeding.
(c) An offense under Subsection (a) or Subsection (d)(1) is a felony of the
third degree. An offense under Subsection (d)(2) is a Class A misdemeanor.
(d) A person commits an offense if the person:
(1) knowing that an offense has been committed, alters, destroys, or
conceals any record, document, or thing with intent to impair its verity,
legibility, or availability as evidence in any subsequent investigation of or
official proceeding related to the offense; or
(2) observes human remains under circumstances in which a reasonable
person would believe that an offense had been committed, knows or
reasonably should know that a law enforcement agency is not aware of the
existence of or location of the remains, and fails to report the existence of
and location of the remains to a law enforcement agency.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by
Acts 1991, 72nd Leg., ch. 565, Sec. 4, eff. Sept. 1, 1991; Acts 1993, 73rd
Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 1284,
Sec. 1, eff. Sept. 1, 1997.
Sec. 37.10. TAMPERING WITH GOVERNMENTAL RECORD. (a) A person
commits an offense if he:
(1) knowingly makes a false entry in, or false alteration of, a governmental
record;
(2) makes, presents, or uses any record, document, or thing with
knowledge of its falsity and with intent that it be taken as a genuine
governmental record;
(3) intentionally destroys, conceals, removes, or otherwise impairs the
verity, legibility, or availability of a governmental record;
(4) possesses, sells, or offers to sell a governmental record or a blank
governmental record form with intent that it be used unlawfully;
(5) makes, presents, or uses a governmental record with knowledge of its
falsity; or
(6) possesses, sells, or offers to sell a governmental record or a blank
governmental record form with knowledge that it was obtained unlawfully.
(b) It is an exception to the application of Subsection (a)(3) that the
governmental record is destroyed pursuant to legal authorization or
transferred under Section 441.204, Government Code. With regard to the
destruction of a local government record, legal authorization includes
compliance with the provisions of Subtitle C, Title 6, Local Government Code.
(c)(1) Except as provided by Subdivisions (2) and (3) and by Subsection (d),
an offense under this section is a Class A misdemeanor unless the actor's
intent is to defraud or harm another, in which event the offense is a state
jail felony.
(2) An offense under this section is a felony of the third degree if it is shown
on the trial of the offense that the governmental record was a public school
record, report, or assessment instrument required under Chapter 39,
Education Code, or was a license, certificate, permit, seal, title, letter of
patent, or similar document issued by government, by another state, or by
the United States, unless the actor's intent is to defraud or harm another, in
which event the offense is a felony of the second degree.
(3) An offense under this section is a Class C misdemeanor if it is shown on
the trial of the offense that the governmental record is a governmental
record that is required for enrollment of a student in a school district and
was used by the actor to establish the residency of the student.
(d) An offense under this section, if it is shown on the trial of the offense
that the governmental record is described by Section 37.01(2)(D), is:
(1) a Class B misdemeanor if the offense is committed under Subsection
(a)(2) or Subsection (a)(5) and the defendant is convicted of presenting or
using the record;
(2) a felony of the third degree if the offense is committed under:
(A) Subsection (a)(1), (3), (4), or (6); or
(B) Subsection (a)(2) or (5) and the defendant is convicted of making the
record; and
(3) a felony of the second degree, notwithstanding Subdivisions (1) and (2),
if the actor's intent in committing the offense was to defraud or harm
another.
(e) It is an affirmative defense to prosecution for possession under
Subsection (a)(6) that the possession occurred in the actual discharge of
official duties as a public servant.
(f) It is a defense to prosecution under Subsection (a)(1), (a)(2), or (a)(5)
that the false entry or false information could have no effect on the
government's purpose for requiring the governmental record.
(g) A person is presumed to intend to defraud or harm another if the person
acts with respect to two or more of the same type of governmental records
or blank governmental record forms and if each governmental record or
blank governmental record form is a license, certificate, permit, seal, title, or
similar document issued by government.
(h) If conduct that constitutes an offense under this section also constitutes
an offense under Section 32.48 or 37.13, the actor may be prosecuted under
any of those sections.
(i) With the consent of the appropriate local county or district attorney, the
attorney general has concurrent jurisdiction with that consenting local
prosecutor to prosecute an offense under this section that involves the
state Medicaid program.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by
Acts 1989, 71st Leg., ch. 1248, Sec. 66, eff. Sept. 1, 1989; Acts 1991, 72nd
Leg., ch. 113, Sec. 4, eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 565, Sec.
5, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1,
1994; Acts 1997, 75th Leg., ch. 189, Sec. 6, eff. May 21, 1997; Acts 1997,
75th Leg., ch. 823, Sec. 4, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 659,
Sec. 2, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 718, Sec. 1, eff. Sept. 1,
1999; Acts 2001, 77th Leg., ch. 771, Sec. 3, eff. June 13, 2001; Acts 2003,
78th Leg., ch. 198, Sec. 2.139, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch.
257, Sec. 16, eff. Sept. 1, 2003; Acts 2005, 79th Leg., ch. 1364, Sec. 1, eff.
June 18, 2005.
Sec. 37.101. FRAUDULENT FILING OF FINANCING STATEMENT. (a) A person
commits an offense if the person knowingly presents for filing or causes to
be presented for filing a financing statement that the person knows:
(1) is forged;
(2) contains a material false statement; or
(3) is groundless.
(b) An offense under Subsection (a)(1) is a felony of the third degree,
unless it is shown on the trial of the offense that the person had previously
been convicted under this section on two or more occasions, in which event
the offense is a felony of the second degree. An offense under Subsection
(a)(2) or (a)(3) is a Class A misdemeanor, unless the person commits the
offense with the intent to defraud or harm another, in which event the
offense is a state jail felony.
Added by Acts 1997, 75th Leg., ch. 189, Sec. 10, eff. May 21, 1997.
Sec. 37.11. IMPERSONATING PUBLIC SERVANT. (a) A person commits an
offense if he:
(1) impersonates a public servant with intent to induce another to submit to
his pretended official authority or to rely on his pretended official acts; or
(2) knowingly purports to exercise any function of a public servant or of a
public office, including that of a judge and court, and the position or office
through which he purports to exercise a function of a public servant or public
office has no lawful existence under the constitution or laws of this state or
of the United States.
(b) An offense under this section is a felony of the third degree.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by
Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1997, 75th
Leg., ch. 189, Sec. 7, eff. May 21, 1997.
Sec. 37.12. FALSE IDENTIFICATION AS PEACE OFFICER;
MISREPRESENTATION OF PROPERTY. (a) A person commits an offense if:
(1) the person makes, provides to another person, or possesses a card,
document, badge, insignia, shoulder emblem, or other item bearing an
insignia of a law enforcement agency that identifies a person as a peace
officer or a reserve law enforcement officer; and
(2) the person who makes, provides, or possesses the item bearing the
insignia knows that the person so identified by the item is not commissioned
as a peace officer or reserve law enforcement officer as indicated on the
item.
(b) It is a defense to prosecution under this section that:
(1) the card, document, badge, insignia, shoulder emblem, or other item
bearing an insignia of a law enforcement agency clearly identifies the person
as an honorary or junior peace officer or reserve law enforcement officer, or
as a member of a junior posse;
(2) the person identified as a peace officer or reserve law enforcement
officer by the item bearing the insignia was commissioned in that capacity
when the item was made; or
(3) the item was used or intended for use exclusively for decorative
purposes or in an artistic or dramatic presentation.
(c) In this section, "reserve law enforcement officer" has the same meaning
as is given that term in Section 1701.001, Occupations Code.
(d) A person commits an offense if the person intentionally or knowingly
misrepresents an object as property belonging to a law enforcement agency.
(e) An offense under this section is a Class B misdemeanor.
Added by Acts 1983, 68th Leg., p. 5672, ch. 1075, Sec. 1, eff. Sept. 1, 1983.
Amended by Acts 1987, 70th Leg., ch. 514, Sec. 1, eff. Sept. 1, 1987; Acts
1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 2001, 77th Leg.,
ch. 1420, Sec. 14.831, eff. Sept. 1, 2001.
Sec. 37.13. RECORD OF A FRAUDULENT COURT. (a) A person commits an
offense if the person makes, presents, or uses any document or other
record with:
(1) knowledge that the document or other record is not a record of a court
created under or established by the constitution or laws of this state or of
the United States; and
(2) the intent that the document or other record be given the same legal
effect as a record of a court created under or established by the constitution
or laws of this state or of the United States.
(b) An offense under this section is a Class A misdemeanor, except that the
offense is a felony of the third degree if it is shown on the trial of the offense
that the defendant has previously been convicted under this section on two
or more occasions.
(c) If conduct that constitutes an offense under this section also constitutes
an offense under Section 32.48 or 37.10, the actor may be prosecuted under
any of those sections.
Added by Acts 1997, 75th Leg., ch. 189, Sec. 8, eff. May 21, 1
CHAPTER 37. PERJURY AND OTHER FALSIFICATION
Sec. 37.01. DEFINITIONS. In this chapter:
(1) "Court record" means a decree, judgment, order, subpoena, warrant,
minutes, or other document issued by a court of:
(A) this state;
(B) another state;
(C) the United States;
(D) a foreign country recognized by an act of congress or a treaty or other
international convention to which the United States is a party;
(E) an Indian tribe recognized by the United States; or
(F) any other jurisdiction, territory, or protectorate entitled to full faith and
credit in this state under the United States Constitution.
(2) "Governmental record" means:
(A) anything belonging to, received by, or kept by government for
information, including a court record;
(B) anything required by law to be kept by others for information of
government;
(C) a license, certificate, permit, seal, title, letter of patent, or similar
document issued by government, by another state, or by the United States;
(D) a standard proof of motor vehicle liability insurance form described by
Section 601.081, Transportation Code, a certificate of an insurance company
described by Section 601.083 of that code, a document purporting to be
such a form or certificate that is not issued by an insurer authorized to write
motor vehicle liability insurance in this state, an electronic submission in a
form described by Section 502.153(i), Transportation Code, or an evidence of
financial responsibility described by Section 601.053 of that code; or
(E) an official ballot or other election record.
(3) "Statement" means any representation of fact.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by
Acts 1991, 72nd Leg., ch. 113, Sec. 3, eff. Sept. 1, 1991; Acts 1993, 73rd
Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 189,
Sec. 5, eff. May 21, 1997; Acts 1997, 75th Leg., ch. 823, Sec. 3, eff. Sept. 1,
1997; Acts 1999, 76th Leg., ch. 659, Sec. 1, eff. Sept. 1, 1999; Acts 2003,
78th Leg., ch. 393, Sec. 21, eff. Sept. 1, 2003.
Sec. 37.02. PERJURY. (a) A person commits an offense if, with intent to
deceive and with knowledge of the statement's meaning:
(1) he makes a false statement under oath or swears to the truth of a false
statement previously made and the statement is required or authorized by
law to be made under oath; or
(2) he makes a false unsworn declaration under Chapter 132, Civil Practice
and Remedies Code.
(b) An offense under this section is a Class A misdemeanor.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by
Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Sec. 37.03. AGGRAVATED PERJURY. (a) A person commits an offense if he
commits perjury as defined in Section 37.02, and the false statement:
(1) is made during or in connection with an official proceeding; and
(2) is material.
(b) An offense under this section is a felony of the third degree.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by
Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Sec. 37.04. MATERIALITY. (a) A statement is material, regardless of the
admissibility of the statement under the rules of evidence, if it could have
affected the course or outcome of the official proceeding.
(b) It is no defense to prosecution under Section 37.03 (Aggravated
Perjury) that the declarant mistakenly believed the statement to be
immaterial.
(c) Whether a statement is material in a given factual situation is a question
of law.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by
Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Sec. 37.05. RETRACTION. It is a defense to prosecution under Section 37.03
(Aggravated Perjury) that the actor retracted his false statement:
(1) before completion of the testimony at the official proceeding; and
(2) before it became manifest that the falsity of the statement would be
exposed.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by
Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Sec. 37.06. INCONSISTENT STATEMENTS. An information or indictment for
perjury under Section 37.02 or aggravated perjury under Section 37.03 that
alleges that the declarant has made statements under oath, both of which
cannot be true, need not allege which statement is false. At the trial the
prosecution need not prove which statement is false.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by
Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Sec. 37.07. IRREGULARITIES NO DEFENSE. (a) It is no defense to
prosecution under Section 37.02 (Perjury) or 37.03 (Aggravated Perjury)
that the oath was administered or taken in an irregular manner, or that
there was some irregularity in the appointment or qualification of the person
who administered the oath.
(b) It is no defense to prosecution under Section 37.02 (Perjury) or 37.03
(Aggravated Perjury) that a document was not sworn to if the document
contains a recital that it was made under oath, the declarant was aware of
the recital when he signed the document, and the document contains the
signed jurat of a public servant authorized to administer oaths.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by
Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Sec. 37.08. FALSE REPORT TO PEACE OFFICER OR LAW ENFORCEMENT
EMPLOYEE. (a) A person commits an offense if, with intent to deceive, he
knowingly makes a false statement that is material to a criminal
investigation and makes the statement to:
(1) a peace officer conducting the investigation; or
(2) any employee of a law enforcement agency that is authorized by the
agency to conduct the investigation and that the actor knows is conducting
the investigation.
(b) In this section, "law enforcement agency" has the meaning assigned by
Article 59.01, Code of Criminal Procedure.
(c) An offense under this section is a Class B misdemeanor.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by
Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1997, 75th
Leg., ch. 925, Sec. 1, eff. Sept. 1, 1997.
Sec. 37.081. FALSE REPORT REGARDING MISSING CHILD OR MISSING
PERSON. (a) A person commits an offense if, with intent to deceive, the
person knowingly:
(1) files a false report of a missing child or missing person with a law
enforcement officer or agency; or
(2) makes a false statement to a law enforcement officer or other employee
of a law enforcement agency relating to a missing child or missing person.
(b) An offense under this section is a Class C misdemeanor.
Added by Acts 1999, 76th Leg., ch. 200, Sec. 3, eff. Sept. 1, 1999.
Sec. 37.09. TAMPERING WITH OR FABRICATING PHYSICAL EVIDENCE. (a) A
person commits an offense if, knowing that an investigation or official
proceeding is pending or in progress, he:
(1) alters, destroys, or conceals any record, document, or thing with intent
to impair its verity, legibility, or availability as evidence in the investigation or
official proceeding; or
(2) makes, presents, or uses any record, document, or thing with
knowledge of its falsity and with intent to affect the course or outcome of
the investigation or official proceeding.
(b) This section shall not apply if the record, document, or thing concealed is
privileged or is the work product of the parties to the investigation or official
proceeding.
(c) An offense under Subsection (a) or Subsection (d)(1) is a felony of the
third degree. An offense under Subsection (d)(2) is a Class A misdemeanor.
(d) A person commits an offense if the person:
(1) knowing that an offense has been committed, alters, destroys, or
conceals any record, document, or thing with intent to impair its verity,
legibility, or availability as evidence in any subsequent investigation of or
official proceeding related to the offense; or
(2) observes human remains under circumstances in which a reasonable
person would believe that an offense had been committed, knows or
reasonably should know that a law enforcement agency is not aware of the
existence of or location of the remains, and fails to report the existence of
and location of the remains to a law enforcement agency.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by
Acts 1991, 72nd Leg., ch. 565, Sec. 4, eff. Sept. 1, 1991; Acts 1993, 73rd
Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 1284,
Sec. 1, eff. Sept. 1, 1997.
Sec. 37.10. TAMPERING WITH GOVERNMENTAL RECORD. (a) A person
commits an offense if he:
(1) knowingly makes a false entry in, or false alteration of, a governmental
record;
(2) makes, presents, or uses any record, document, or thing with
knowledge of its falsity and with intent that it be taken as a genuine
governmental record;
(3) intentionally destroys, conceals, removes, or otherwise impairs the
verity, legibility, or availability of a governmental record;
(4) possesses, sells, or offers to sell a governmental record or a blank
governmental record form with intent that it be used unlawfully;
(5) makes, presents, or uses a governmental record with knowledge of its
falsity; or
(6) possesses, sells, or offers to sell a governmental record or a blank
governmental record form with knowledge that it was obtained unlawfully.
(b) It is an exception to the application of Subsection (a)(3) that the
governmental record is destroyed pursuant to legal authorization or
transferred under Section 441.204, Government Code. With regard to the
destruction of a local government record, legal authorization includes
compliance with the provisions of Subtitle C, Title 6, Local Government Code.
(c)(1) Except as provided by Subdivisions (2) and (3) and by Subsection (d),
an offense under this section is a Class A misdemeanor unless the actor's
intent is to defraud or harm another, in which event the offense is a state
jail felony.
(2) An offense under this section is a felony of the third degree if it is shown
on the trial of the offense that the governmental record was a public school
record, report, or assessment instrument required under Chapter 39,
Education Code, or was a license, certificate, permit, seal, title, letter of
patent, or similar document issued by government, by another state, or by
the United States, unless the actor's intent is to defraud or harm another, in
which event the offense is a felony of the second degree.
(3) An offense under this section is a Class C misdemeanor if it is shown on
the trial of the offense that the governmental record is a governmental
record that is required for enrollment of a student in a school district and
was used by the actor to establish the residency of the student.
(d) An offense under this section, if it is shown on the trial of the offense
that the governmental record is described by Section 37.01(2)(D), is:
(1) a Class B misdemeanor if the offense is committed under Subsection
(a)(2) or Subsection (a)(5) and the defendant is convicted of presenting or
using the record;
(2) a felony of the third degree if the offense is committed under:
(A) Subsection (a)(1), (3), (4), or (6); or
(B) Subsection (a)(2) or (5) and the defendant is convicted of making the
record; and
(3) a felony of the second degree, notwithstanding Subdivisions (1) and (2),
if the actor's intent in committing the offense was to defraud or harm
another.
(e) It is an affirmative defense to prosecution for possession under
Subsection (a)(6) that the possession occurred in the actual discharge of
official duties as a public servant.
(f) It is a defense to prosecution under Subsection (a)(1), (a)(2), or (a)(5)
that the false entry or false information could have no effect on the
government's purpose for requiring the governmental record.
(g) A person is presumed to intend to defraud or harm another if the person
acts with respect to two or more of the same type of governmental records
or blank governmental record forms and if each governmental record or
blank governmental record form is a license, certificate, permit, seal, title, or
similar document issued by government.
(h) If conduct that constitutes an offense under this section also constitutes
an offense under Section 32.48 or 37.13, the actor may be prosecuted under
any of those sections.
(i) With the consent of the appropriate local county or district attorney, the
attorney general has concurrent jurisdiction with that consenting local
prosecutor to prosecute an offense under this section that involves the
state Medicaid program.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by
Acts 1989, 71st Leg., ch. 1248, Sec. 66, eff. Sept. 1, 1989; Acts 1991, 72nd
Leg., ch. 113, Sec. 4, eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 565, Sec.
5, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1,
1994; Acts 1997, 75th Leg., ch. 189, Sec. 6, eff. May 21, 1997; Acts 1997,
75th Leg., ch. 823, Sec. 4, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 659,
Sec. 2, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 718, Sec. 1, eff. Sept. 1,
1999; Acts 2001, 77th Leg., ch. 771, Sec. 3, eff. June 13, 2001; Acts 2003,
78th Leg., ch. 198, Sec. 2.139, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch.
257, Sec. 16, eff. Sept. 1, 2003; Acts 2005, 79th Leg., ch. 1364, Sec. 1, eff.
June 18, 2005.
Sec. 37.101. FRAUDULENT FILING OF FINANCING STATEMENT. (a) A person
commits an offense if the person knowingly presents for filing or causes to
be presented for filing a financing statement that the person knows:
(1) is forged;
(2) contains a material false statement; or
(3) is groundless.
(b) An offense under Subsection (a)(1) is a felony of the third degree,
unless it is shown on the trial of the offense that the person had previously
been convicted under this section on two or more occasions, in which event
the offense is a felony of the second degree. An offense under Subsection
(a)(2) or (a)(3) is a Class A misdemeanor, unless the person commits the
offense with the intent to defraud or harm another, in which event the
offense is a state jail felony.
Added by Acts 1997, 75th Leg., ch. 189, Sec. 10, eff. May 21, 1997.
Sec. 37.11. IMPERSONATING PUBLIC SERVANT. (a) A person commits an
offense if he:
(1) impersonates a public servant with intent to induce another to submit to
his pretended official authority or to rely on his pretended official acts; or
(2) knowingly purports to exercise any function of a public servant or of a
public office, including that of a judge and court, and the position or office
through which he purports to exercise a function of a public servant or public
office has no lawful existence under the constitution or laws of this state or
of the United States.
(b) An offense under this section is a felony of the third degree.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by
Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1997, 75th
Leg., ch. 189, Sec. 7, eff. May 21, 1997.
Sec. 37.12. FALSE IDENTIFICATION AS PEACE OFFICER;
MISREPRESENTATION OF PROPERTY. (a) A person commits an offense if:
(1) the person makes, provides to another person, or possesses a card,
document, badge, insignia, shoulder emblem, or other item bearing an
insignia of a law enforcement agency that identifies a person as a peace
officer or a reserve law enforcement officer; and
(2) the person who makes, provides, or possesses the item bearing the
insignia knows that the person so identified by the item is not commissioned
as a peace officer or reserve law enforcement officer as indicated on the
item.
(b) It is a defense to prosecution under this section that:
(1) the card, document, badge, insignia, shoulder emblem, or other item
bearing an insignia of a law enforcement agency clearly identifies the person
as an honorary or junior peace officer or reserve law enforcement officer, or
as a member of a junior posse;
(2) the person identified as a peace officer or reserve law enforcement
officer by the item bearing the insignia was commissioned in that capacity
when the item was made; or
(3) the item was used or intended for use exclusively for decorative
purposes or in an artistic or dramatic presentation.
(c) In this section, "reserve law enforcement officer" has the same meaning
as is given that term in Section 1701.001, Occupations Code.
(d) A person commits an offense if the person intentionally or knowingly
misrepresents an object as property belonging to a law enforcement agency.
(e) An offense under this section is a Class B misdemeanor.
Added by Acts 1983, 68th Leg., p. 5672, ch. 1075, Sec. 1, eff. Sept. 1, 1983.
Amended by Acts 1987, 70th Leg., ch. 514, Sec. 1, eff. Sept. 1, 1987; Acts
1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 2001, 77th Leg.,
ch. 1420, Sec. 14.831, eff. Sept. 1, 2001.
Sec. 37.13. RECORD OF A FRAUDULENT COURT. (a) A person commits an
offense if the person makes, presents, or uses any document or other
record with:
(1) knowledge that the document or other record is not a record of a court
created under or established by the constitution or laws of this state or of
the United States; and
(2) the intent that the document or other record be given the same legal
effect as a record of a court created under or established by the constitution
or laws of this state or of the United States.
(b) An offense under this section is a Class A misdemeanor, except that the
offense is a felony of the third degree if it is shown on the trial of the offense
that the defendant has previously been convicted under this section on two
or more occasions.
(c) If conduct that constitutes an offense under this section also constitutes
an offense under Section 32.48 or 37.10, the actor may be prosecuted under
any of those sections.
Added by Acts 1997, 75th Leg., ch. 189, Sec. 8, eff. May 21, 1