By Bivins                                        S.B. No. 124

      75R974 MWV-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the creation of an offense for using, making, or

 1-3     presenting a false court record.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 37.01, Penal Code, is amended to read as

 1-6     follows:

 1-7           Sec. 37.01.  Definitions.  In this chapter:

 1-8                 (1)  "Court record" means a decree, judgment, order,

 1-9     subpoena, warrant, or other document issued by a court of:

1-10                       (A)  this state;

1-11                       (B)  another state;

1-12                       (C)  the United States;

1-13                       (D)  a foreign country recognized by an act of

1-14     congress, a statute of this state, or a treaty or other

1-15     international convention to which the United States is a party;

1-16                       (E)  an Indian tribe recognized by the United

1-17     States; or

1-18                       (F)  any other jurisdiction entitled to full

1-19     faith and credit in this state.

1-20                 (2)  "Governmental record" means:

1-21                       (A)  anything belonging to, received by, or kept

1-22     by government for information;

1-23                       (B)  anything required by law to be kept by

1-24     others for information of government; or

 2-1                       (C)  a license, certificate, permit, seal, title,

 2-2     or similar document issued by government.

 2-3                 (3) [(2)]  "Statement" means any representation of

 2-4     fact.

 2-5           SECTION 2.  Chapter 37, Penal Code, is amended by adding

 2-6     Section 37.13 to read as follows:

 2-7           Sec. 37.13.  FRAUDULENT COURT RECORD.  (a)  A person commits

 2-8     an offense if the person makes, presents, or uses any record,

 2-9     document, or thing with:

2-10                 (1)  knowledge that the record, document, or thing is

2-11     not a genuine court record; and

2-12                 (2)  intent that the record, document, or thing be

2-13     given the same legal effect as a genuine court record.

2-14           (b)  An offense under this section is a Class A misdemeanor.

2-15           SECTION 3.  This Act takes effect September 1, 1997.

2-16           SECTION 4.  The importance of this legislation and the

2-17     crowded condition of the calendars in both houses create an

2-18     emergency and an imperative public necessity that the

2-19     constitutional rule requiring bills to be read on three several

2-20     days in each house be suspended, and this rule is hereby suspended.