H.B. No. 126
relating to the penalty for tampering with a governmental record
establishing residency for enrollment in a public school.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 37.10(c), Penal Code, is amended to read
(c)(1) Except as provided by Subdivisions [
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
(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.
SECTION 2. Section 37.10(c), Penal Code, as amended by this
Act, applies only to an offense committed on or after the effective
date of this Act. An offense committed before the effective date of
this Act is covered by the law in effect when the offense was
committed, and the former law is continued in effect for that
purpose. For purposes of this section, an offense was committed
before the effective date of this Act if any element of the offense
was committed before that date.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2005.
President of the Senate Speaker of the House
I certify that H.B. No. 126 was passed by the House on April
22, 2005, by the following vote: Yeas 143, Nays 0, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 126 on May 26, 2005, by the following vote: Yeas 140, Nays 0, 2
present, not voting.
Chief Clerk of the House
I certify that H.B. No. 126 was passed by the Senate, with
amendments, on May 24, 2005, by the following vote: Yeas 31, Nays
Secretary of the Senate