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  By: Carona S.B. No. 367
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the prosecution of and punishment for certain criminal
  offenses involving the use of a false or fictitious identity or
  identifying documents.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 37.10, Penal Code, is amended by adding
  Subsection (j) to read as follows:
         (j)  It is not a defense to prosecution under Subsection
  (a)(2) that the record, document, or thing made, presented, or used
  displays or contains the statement "NOT A GOVERNMENT DOCUMENT" or
  another substantially similar statement intended to alert a person
  to the falsity of the record, document, or thing, unless the record,
  document, or thing displays the statement diagonally printed
  clearly and indelibly on both the front and back of the record,
  document, or thing in solid red capital letters at least one-fourth
  inch in height.
         SECTION 2.  Section 521.454, Transportation Code, is amended
  by adding Subsection (d) to read as follows:
         (d)  If conduct constituting an offense under this section
  also constitutes an offense under another law, the actor may be
  prosecuted under this section, the other law, or both.
         SECTION 3.  Section 521.455, Transportation Code, is amended
  by adding Subsection (c) to read as follows:
         (c)  If conduct constituting an offense under this section
  also constitutes an offense under another law, the actor may be
  prosecuted under this section, the other law, or both.
         SECTION 4.  Section 521.456, Transportation Code, is amended
  by adding Subsection (e) to read as follows:
         (e)  If conduct constituting an offense under this section
  also constitutes an offense under another law, the actor may be
  prosecuted under this section, the other law, or both.
         SECTION 5.  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 occurred before that date.
         SECTION 6.  This Act takes effect September 1, 2009.