Bill Text: TX SB431 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: Relating to the use of fraudulent or fictitious military records; creating an offense.
Sponsorship: Partisan Bill (Republican 2)
Status: (Passed) 2011-06-17 - Effective on 9/1/11 [SB431 Detail]
Download: Texas-2011-SB431-Enrolled.html
| S.B. No. 431 | ||
|
|
||
| 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| (C) has been revoked; and | ||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 | ||
