SRC-TNM S.B. 124 75(R)    BILL ANALYSIS


Senate Research CenterS.B. 124
By: Bivins
Jurisprudence
1-24-97
As Filed


DIGEST 

Currently, Texas law does not provide for any offenses relating to
fraudulent court records. In recent years, anti-government factions have
invented "self-styled" courts and have filed fraudulent "judgments,"
pleadings, and other records and documents in the county courts of Texas.
These fraudulent documents have overwhelmed the already overloaded courts
and forced state and local governments to accumulate large legal bills in
defending themselves from illegitimate claims.  S.B. 124 sets forth terms
and outlines provisions for the creation of an offense for using, making,
or presenting a false court record. 

PURPOSE

As proposed, S.B. 124 sets forth terms and provisions for the creation of
an offense for using, making, or presenting a false court record. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 37.01, Penal Code, to define "court record" and
make conforming changes.   

SECTION 2. Amends Chapter 37, Penal Code, by adding Section 37.13, as
follows: 

Sec. 37.13. FRAUDULENT COURT RECORD.  Provides that a person commits a
Class A misdemeanor  if the person makes, presents, or uses any record,
document, or thing (record) with knowledge that  the record is not a
genuine court record and with intent that the record be given the same
legal effect as a genuine court record.   

SECTION 3. Effective date: September 1, 1997.

SECTION 4. Emergency clause.