1-1                                   AN ACT
 1-2     relating to the prosecution and punishment of criminal offenses
 1-3     relating to making certain false statements or reports.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 37.08, Penal Code, is amended to read as
 1-6     follows:
 1-7           Sec. 37.08.  FALSE REPORT TO PEACE OFFICER OR LAW ENFORCEMENT
 1-8     EMPLOYEE.  (a)  A person commits an offense if, with intent to
 1-9     deceive, he knowingly makes a false statement that is material to
1-10     the [a] criminal investigation of a felony and makes the statement
1-11     to:
1-12                 (1)  a peace officer conducting the investigation; or
1-13                 (2)  any employee of a law enforcement agency that is
1-14     authorized by the agency to conduct the investigation and that the
1-15     actor knows is conducting the investigation.
1-16           (b)  A person commits an offense if, with intent to deceive,
1-17     he knowingly makes a false statement that is material to the
1-18     criminal investigation of a misdemeanor and makes the statement to:
1-19                 (1)  a peace officer conducting the investigation; or
1-20                 (2)  any employee of a law enforcement agency that is
1-21     authorized by the agency to conduct the investigation and that the
1-22     actor knows is conducting the investigation.
1-23           (c)  In this section, "law enforcement agency" has the
1-24     meaning assigned by Article 59.01, Code of Criminal Procedure.
1-25           (d) [(c)]  An offense under Subsection (a) is a state jail
 2-1     felony.  An offense under Subsection (b) [this section][] is a Class
 2-2     B misdemeanor.
 2-3           SECTION 2.  Chapter 37, Penal Code, is amended by adding
 2-4     Sections 37.082, 37.083, and 37.084 to read as follows:
 2-5           Sec. 37.082.  FALSE STATEMENT IN APPLICATION FOR PROTECTIVE
 2-6     ORDER.  (a)  A person commits an offense if, with intent to
 2-7     deceive, the person knowingly makes a false statement in an
 2-8     application for a protective order under Title 4, Family Code.
 2-9           (b)  An offense under this section is a Class A misdemeanor.
2-10           Sec. 37.083.  FALSE REPORT OF FAMILY VIOLENCE.  (a)  In this
2-11     section, "family violence" has the meaning assigned by Section
2-12     71.004, Family Code.
2-13           (b)  A person commits an offense if, with intent to deceive,
2-14     the person knowingly:
2-15                 (1)  files a false report of family violence with a law
2-16     enforcement officer or agency; or
2-17                 (2)  makes a false statement relating to family
2-18     violence to a law enforcement officer, another employee of a law
2-19     enforcement agency, or any other governmental agency.
2-20           (c)  An offense under this section is a Class C misdemeanor.
2-21           Sec. 37.084.  FALSE REPORT OF CHILD ABUSE OR NEGLECT.
2-22     (a)  In this section, "abuse" and "neglect" have the meanings
2-23     assigned by Section 261.001, Family Code.
2-24           (b)  A person commits an offense if, with intent to deceive,
2-25     the person knowingly:
2-26                 (1)  files a false report of child abuse or neglect
 3-1     with a law enforcement officer or agency; or
 3-2                 (2)  makes a false statement or report relating to
 3-3     child abuse or neglect to any other governmental agency.
 3-4           (c)  Except as provided by Subsection (d), an offense under
 3-5     this section is a Class A misdemeanor.
 3-6           (d)  If it is shown on the trial of an offense punishable
 3-7     under this section that the defendant has previously been convicted
 3-8     of an offense under this section, on conviction the defendant shall
 3-9     be punished for a state jail felony.
3-10           SECTION 3.  Section 261.107, Family Code, is amended to read
3-11     as follows:
3-12           Sec. 261.107.  FALSE REPORT[; PENALTY].  [(a)  A person
3-13     commits an offense if the person knowingly or intentionally makes a
3-14     report as provided in this chapter that the person knows is false
3-15     or lacks factual foundation.  An offense under this section is a
3-16     Class A misdemeanor unless it is shown on the trial of the offense
3-17     that the person has previously been convicted under this section,
3-18     in which case the offense is a state jail felony.]
3-19           [(b)]  A finding by a court in a suit affecting the
3-20     parent-child relationship that a report made under this chapter
3-21     before or during the suit was false or lacking factual foundation
3-22     may be grounds for the court to modify an order providing for
3-23     possession of or access to the child who was the subject of the
3-24     report by restricting further access to the child by the person who
3-25     made the report.
3-26           [(c)  The appropriate county prosecuting attorney shall be
 4-1     responsible for the prosecution of an offense under this section.]
 4-2           SECTION 4.  (a)  The change in law made by this Act applies
 4-3     only to an offense committed on or after the effective date of this
 4-4     Act.  For purposes of this section, an offense is committed before
 4-5     the effective date of this Act if any element of the offense occurs
 4-6     before the effective date.
 4-7           (b)  An offense committed before the effective date of this
 4-8     Act is covered by the law in effect when the offense was committed,
 4-9     and the former law is continued in effect for that purpose.
4-10           SECTION 5.  This Act takes effect September 1, 2001.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I hereby certify that S.B. No. 904 passed the Senate on
         April 26, 2001, by a viva-voce vote.
                                             _______________________________
                                                 Secretary of the Senate
               I hereby certify that S.B. No. 904 passed the House on
         May 17, 2001, by a non-record vote.
                                             _______________________________
                                                Chief Clerk of the House
         Approved:
         _______________________________
                      Date
         _______________________________
                    Governor