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AN ACT
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relating to the use of fraudulent or fictitious military records; |
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creating an offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 32, Penal Code, is amended |
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by adding Section 32.54 to read as follows: |
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Sec. 32.54. FRAUDULENT OR FICTITIOUS MILITARY RECORD. |
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(a) In this section: |
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(1) "Military record" means an enlistment record, |
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occupation specialty, medal, award, decoration, or certification |
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obtained by a person through the person's service in the armed |
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forces of the United States or the state military forces. |
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(2) "State military forces" has the meaning assigned |
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by Section 431.001, Government Code. |
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(b) A person commits an offense if the person: |
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(1) uses or claims to hold a military record that the |
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person knows: |
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(A) is fraudulent; |
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(B) is fictitious or has otherwise not been |
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granted or assigned to the person; or |
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(C) has been revoked; and |
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(2) uses or claims to hold that military record: |
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(A) in a written or oral advertisement or other |
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promotion of a business; or |
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(B) with the intent to: |
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(i) obtain priority in receiving services |
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or resources under Subchapter G, Chapter 302, Labor Code; |
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(ii) qualify for a veteran's employment |
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preference under Chapter 657, Government Code; |
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(iii) obtain a license or certificate to |
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practice a trade, profession, or occupation; |
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(iv) obtain a promotion, compensation, or |
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other benefit, or an increase in compensation or other benefit, in |
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employment or in the practice of a trade, profession, or |
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occupation; |
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(v) obtain a benefit, service, or donation |
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from another person; |
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(vi) obtain admission to an educational |
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program in this state; or |
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(vii) gain a position in state government |
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with authority over another person, regardless of whether the actor |
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receives compensation for the position. |
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(c) An offense under this section is a Class C misdemeanor. |
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(d) If conduct that constitutes an offense under this |
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section also constitutes an offense under any other law, the actor |
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may be prosecuted under this section or the other law. |
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SECTION 2. This Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 431 passed the Senate on |
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March 29, 2011, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 431 passed the House on |
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May 20, 2011, by the following vote: Yeas 149, Nays 0, one |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |