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.