Bill Text: TX SB431 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: Relating to the use of fraudulent or fictitious military records; creating an offense.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2011-06-17 - Effective on 9/1/11 [SB431 Detail]
Download: Texas-2011-SB431-Enrolled.html
S.B. No. 431 |
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relating to the use of fraudulent or fictitious military records; | ||
creating an offense. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter D, Chapter 32, Penal Code, is amended | ||
by adding Section 32.54 to read as follows: | ||
Sec. 32.54. FRAUDULENT OR FICTITIOUS MILITARY RECORD. | ||
(a) In this section: | ||
(1) "Military record" means an enlistment record, | ||
occupation specialty, medal, award, decoration, or certification | ||
obtained by a person through the person's service in the armed | ||
forces of the United States or the state military forces. | ||
(2) "State military forces" has the meaning assigned | ||
by Section 431.001, Government Code. | ||
(b) A person commits an offense if the person: | ||
(1) uses or claims to hold a military record that the | ||
person knows: | ||
(A) is fraudulent; | ||
(B) is fictitious or has otherwise not been | ||
granted or assigned to the person; or | ||
(C) has been revoked; and | ||
(2) uses or claims to hold that military record: | ||
(A) in a written or oral advertisement or other | ||
promotion of a business; or | ||
(B) with the intent to: | ||
(i) obtain priority in receiving services | ||
or resources under Subchapter G, Chapter 302, Labor Code; | ||
(ii) qualify for a veteran's employment | ||
preference under Chapter 657, Government Code; | ||
(iii) obtain a license or certificate to | ||
practice a trade, profession, or occupation; | ||
(iv) obtain a promotion, compensation, or | ||
other benefit, or an increase in compensation or other benefit, in | ||
employment or in the practice of a trade, profession, or | ||
occupation; | ||
(v) obtain a benefit, service, or donation | ||
from another person; | ||
(vi) obtain admission to an educational | ||
program in this state; or | ||
(vii) gain a position in state government | ||
with authority over another person, regardless of whether the actor | ||
receives compensation for the position. | ||
(c) An offense under this section is a Class C misdemeanor. | ||
(d) If conduct that constitutes an offense under this | ||
section also constitutes an offense under any other law, the actor | ||
may be prosecuted under this section or the other law. | ||
SECTION 2. This Act takes effect September 1, 2011. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 431 passed the Senate on | ||
March 29, 2011, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 431 passed the House on | ||
May 20, 2011, by the following vote: Yeas 149, Nays 0, one | ||
present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |