79R232 UM-D
By: Berman H.B. No. 126
A BILL TO BE ENTITLED
AN ACT
relating to the penalty for tampering with a governmental record
required 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
as follows:
(c)(1) Except as provided by Subdivisions [Subdivision] (2)
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
degree.
(3) An offense under this section is a Class B
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. The change in law made 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.