reglab/statecodes huggingface dataset:
2023 Texas Statutes › Penal Code › Title 7 - Offenses Against Property › Chapter 33 - Computer Crimes › Section 33.07. Online Impersonation

Sec. 33.07.  ONLINE IMPERSONATION.  (a)  A person commits an offense if the person, without obtaining the other person's consent and with the intent to harm, defraud, intimidate, or threaten any person, uses the name or persona of another person to:
(1)  create a web page on a commercial social networking site or other Internet website; or
(2)  post or send one or more messages on or through a commercial social networking site or other Internet website, other than on or through an electronic mail program or message board program.
(b)  A person commits an offense if the person sends an electronic mail, instant message, text message, or similar communication that references a name, domain address, phone number, or other item of identifying information belonging to any person:
(1)  without obtaining the other person's consent;
(2)  with the intent to cause a recipient of the communication to reasonably believe that the other person authorized or transmitted the communication; and
(3)  with the intent to harm or defraud any person.
(c)  An offense under Subsection (a) is a felony of the third degree.  An offense under Subsection (b) is a Class A misdemeanor, except that the offense is a felony of the third degree if the actor commits the offense with the intent to solicit a response by emergency personnel.
(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, the other law, or both.
(e)  It is a defense to prosecution under this section that the actor is any of the following entities or that the actor's conduct consisted solely of action taken as an employee of any of the following entities:
(1)  a commercial social networking site;
(2)  an Internet service provider;
(3)  an interactive computer service, as defined by 47 U.S.C. Section 230;
(4)  a telecommunications provider, as defined by Section 51.002, Utilities Code; or
(5)  a video service provider or cable service provider, as defined by Section 66.002, Utilities Code.
(f)  In this section:
(1)  "Commercial social networking site" means any business, organization, or other similar entity operating a website that permits persons to become registered users for the purpose of establishing personal relationships with other users through direct or real-time communication with other users or the creation of web pages or profiles available to the public or to other users.  The term does not include an electronic mail program or a message board program.
(2)  "Identifying information" has the meaning assigned by Section 32.51.
Added by Acts 2009, 81st Leg., R.S., Ch. 911 (H.B. 2003), Sec. 1, eff. September 1, 2009.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 282 (H.B. 1666), Sec. 1, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 282 (H.B. 1666), Sec. 2, eff. September 1, 2011.
2023 Texas Statutes › Penal Code › Title 7 - Offenses Against Property › Chapter 33A - Telecommunications Crimes › Section 33A.02. Unauthorized Use of Telecommunications Service

Sec. 33A.02.  UNAUTHORIZED USE OF TELECOMMUNICATIONS SERVICE.  (a)  A person commits an offense if the person is an officer, shareholder, partner, employee, agent, or independent contractor of a telecommunications service provider and the person knowingly and without authority uses or diverts telecommunications service for the person's own benefit or to the benefit of another.
(b)  An offense under this section is:
(1)  a Class B misdemeanor if the value of the telecommunications service used or diverted is less than $500;
(2)  a Class A misdemeanor if:
(A)  the value of the telecommunications service used or diverted is $500 or more but less than $1,500;  or
(B)  the value of the telecommunications service used or diverted is less than $500 and the defendant has been previously convicted of an offense under this chapter;
(3)  a state jail felony if:
(A)  the value of the telecommunications service used or diverted is $1,500 or more but less than $20,000;  or
(B)  the value of the telecommunications service used or diverted is less than $1,500 and the defendant has been previously convicted two or more times of an offense under this chapter;
(4)  a felony of the third degree if the value of the telecommunications service used or diverted is $20,000 or more but less than $100,000;
(5)  a felony of the second degree if the value of the telecommunications service used or diverted is $100,000 or more but less than $200,000;  or
(6)  a felony of the first degree if the value of the telecommunications service used or diverted is $200,000 or more.
(c)  When telecommunications service is used or diverted in violation of this section pursuant to one scheme or continuing course of conduct, whether or not in a single incident, the conduct may be considered as one offense and the values of the service used or diverted may be aggregated in determining the grade of the offense.
Added by Acts 1997, 75th Leg., ch. 306, Sec. 3, eff. Sept. 1, 1997.
2023 Texas Statutes › Penal Code › Title 7 - Offenses Against Property › Chapter 33A - Telecommunications Crimes › Section 33A.03. Manufacture, Possession, or Delivery of Unlawful Telecommunications Device

Sec. 33A.03.  MANUFACTURE, POSSESSION, OR DELIVERY OF UNLAWFUL TELECOMMUNICATIONS DEVICE.  (a)  A person commits an offense if the person manufactures, possesses, delivers, offers to deliver, or advertises:
(1)  a counterfeit telecommunications device;  or
(2)  a telecommunications device that is intended to be used to:
(A)  commit an offense under Section 33A.04;  or
(B)  conceal the existence or place of origin or destination of a telecommunications service.
(b)  A person commits an offense if the person delivers, offers to deliver, or advertises plans, instructions, or materials for manufacture of:
(1)  a counterfeit telecommunications device;  or
(2)  a telecommunications device that is intended to be used to commit an offense under Subsection (a).
(c)  An offense under this section is a felony of the third degree.
(d)  It is a defense to prosecution under this section that the person was an officer, agent, or employee of a telecommunications service provider who engaged in the conduct for the purpose of gathering information for a law enforcement investigation related to an offense under this chapter.
Added by Acts 1997, 75th Leg., ch. 306, Sec. 3, eff. Sept. 1, 1997.
2023 Texas Statutes › Penal Code › Title 7 - Offenses Against Property › Chapter 33A - Telecommunications Crimes › Section 33A.04. Theft of Telecommunications Service

Sec. 33A.04.  THEFT OF TELECOMMUNICATIONS SERVICE.  (a)  A person commits an offense if the person knowingly obtains or attempts to obtain telecommunications service to avoid or cause another person to avoid a lawful charge for that service by using:
(1)  a telecommunications access device without the authority or consent of the subscriber or lawful holder of the device or pursuant to an agreement for an exchange of value with the subscriber or lawful holder of the device to allow another person to use the device;
(2)  a counterfeit telecommunications access device;
(3)  a telecommunications device or counterfeit telecommunications device;  or
(4)  a fraudulent or deceptive scheme, pretense, method, or conspiracy, or other device or means, including a false, altered, or stolen identification.
(b)  An offense under this section is:
(1)  a Class B misdemeanor if the value of the telecommunications service obtained or attempted to be obtained is less than $500;
(2)  a Class A misdemeanor if:
(A)  the value of the telecommunications service obtained or attempted to be obtained is $500 or more but less than $1,500;  or
(B)  the value of the telecommunications service obtained or attempted to be obtained is less than $500 and the defendant has been previously convicted of an offense under this chapter;
(3)  a state jail felony if:
(A)  the value of the telecommunications service obtained or attempted to be obtained is $1,500 or more but less than $20,000;  or
(B)  the value of the telecommunications service obtained or attempted to be obtained is less than $1,500 and the defendant has been previously convicted two or more times of an offense under this chapter;
(4)  a felony of the third degree if the value of the telecommunications service obtained or attempted to be obtained is $20,000 or more but less than $100,000;
(5)  a felony of the second degree if the value of the telecommunications service obtained or attempted to be obtained is $100,000 or more but less than $200,000;  or
(6)  a felony of the first degree if the value of the telecommunications service obtained or attempted to be obtained is $200,000 or more.
(c)  When telecommunications service is obtained or attempted to be obtained in violation of this section pursuant to one scheme or continuing course of conduct, whether or not in a single incident, the conduct may be considered as one offense and the values of the service obtained or attempted to be obtained may be aggregated in determining the grade of the offense.
Added by Acts 1997, 75th Leg., ch. 306, Sec. 3, eff. Sept. 1, 1997.
2023 Texas Statutes › Penal Code › Title 7 - Offenses Against Property › Chapter 33A - Telecommunications Crimes › Section 33A.05. Publication of Telecommunications Access Device

Sec. 33A.05.  PUBLICATION OF TELECOMMUNICATIONS ACCESS DEVICE.  (a)  A person commits an offense if the person with criminal negligence publishes a telecommunications access device or counterfeit telecommunications access device that is designed to be used to commit an offense under Section 33A.04.
(b)  Except as otherwise provided by this subsection, an offense under this section is a Class A misdemeanor.  An offense under this section is a felony of the third degree if the person has been previously convicted of an offense under this chapter.
Added by Acts 1997, 75th Leg., ch. 306, Sec. 3, eff. Sept. 1, 1997.
2023 Texas Statutes › Penal Code › Title 7 - Offenses Against Property › Chapter 33A - Telecommunications Crimes › Section 33A.051. False Caller Identification Information Display

Sec. 33A.051.  FALSE CALLER IDENTIFICATION INFORMATION DISPLAY.  (a)  A person commits an offense if the person, with the intent to defraud or cause harm, makes a call or engages in any other conduct using any type of technology that results in the display on another person's telecommunications device of data that misrepresents the actor's identity or telephone number.
(b)  An offense under this section is a Class A misdemeanor.
(c)  Notwithstanding any other provision of this chapter, a conviction for an offense under this section may not be used for enhancement purposes under any other section of this chapter.
(d)  It is a defense to prosecution that the actor:
(1)  blocked caller identification information;
(2)  was a peace officer or federal law enforcement officer lawfully discharging an official duty;
(3)  was an officer, agent, or employee of a federal intelligence or security agency lawfully discharging an official duty;
(4)  was an officer, agent, or employee of a telecommunications service provider who was:
(A)  acting in the provider's capacity as an intermediary for the transmission of telephone service, a Voice over Internet Protocol transmission, or another type of telecommunications transmission between the caller and the recipient;
(B)  providing or configuring a service or service feature as requested by a customer;
(C)  acting in a manner that is authorized or required by other law; or
(D)  engaging in other conduct that is a necessary incident to the provision of service; or
(5)  was a private investigator licensed under Chapter 1702, Occupations Code, lawfully conducting an investigation.
(e)  For the purposes of this section, "telecommunications service provider" means a:
(1)  telecommunications provider, as defined by Section 51.002, Utilities Code; or
(2)  provider of telecommunications service, advanced communications services, or information service, as those terms are defined by 47 U.S.C. Section 153.
Added by Acts 2019, 86th Leg., R.S., Ch. 1355 (H.B. 101), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Penal Code › Title 7 - Offenses Against Property › Chapter 33A - Telecommunications Crimes › Section 33A.06. Assistance by Attorney General

Sec. 33A.06.  ASSISTANCE BY ATTORNEY GENERAL.  The attorney general, if requested to do so by a prosecuting attorney, may assist the prosecuting attorney in the investigation or prosecution of an offense under this chapter or of any other offense involving the use of telecommunications equipment, services, or devices.
Added by Acts 1997, 75th Leg., ch. 306, Sec. 3, eff. Sept. 1, 1997.
2023 Texas Statutes › Penal Code › Title 7 - Offenses Against Property › Chapter 34 - Money Laundering › Section 34.01. Definitions

Sec. 34.01.  DEFINITIONS.  In this chapter:
(1)  "Criminal activity" means any offense, including any preparatory offense, that is:
(A)  classified as a felony under the laws of this state or the United States;  or
(B)  punishable by confinement for more than one year under the laws of another state.
(2)  "Funds" includes:
(A)  coin or paper money of the United States or any other country that is designated as legal tender and that circulates and is customarily used and accepted as a medium of exchange in the country of issue;
(B)  United States silver certificates, United States Treasury notes, and Federal Reserve System notes;
(C)  an official foreign bank note that is customarily used and accepted as a medium of exchange in a foreign country and a foreign bank draft; and
(D)  currency or its equivalent, including an electronic fund, a personal check, a bank check, a traveler's check, a money order, a bearer negotiable instrument, a bearer investment security, a bearer security, a certificate of stock in a form that allows title to pass on delivery, a stored value card as defined by Section 604.001, Business & Commerce Code, or a digital currency.
(3)  "Financial institution" has the meaning assigned by Section 32.01.
(4)  "Proceeds" means funds acquired or derived directly or indirectly from, produced through, realized through, or used in the commission of:
(A)  an act; or
(B)  conduct that constitutes an offense under Section 151.7032, Tax Code.
Added by Acts 1993, 73rd Leg., ch. 761, Sec. 2, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch. 1162 (H.B. 3376), Sec. 1, eff. September 1, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 68 (S.B. 934), Sec. 7, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 928 (H.B. 1523), Sec. 1, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1357 (S.B. 1451), Sec. 5, eff. September 1, 2013.
Acts 2019, 86th Leg., R.S., Ch. 957 (S.B. 207), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Penal Code › Title 7 - Offenses Against Property › Chapter 34 - Money Laundering › Section 34.021. Protection From Civil Liability

Sec. 34.021.  PROTECTION FROM CIVIL LIABILITY.  Notwithstanding Section 1.03(c), a financial institution or an agent of the financial institution acting in a manner described by Section 34.02(c) is not liable for civil damages to a person who:
(1)  claims an ownership interest in funds involved in an offense under Section 34.02; or
(2)  conducts with the financial institution or an insurer, as defined by Article 1.02, Insurance Code, a transaction concerning funds involved in an offense under Section 34.02.
Added by Acts 2005, 79th Leg., Ch. 1162 (H.B. 3376), Sec. 3, eff. September 1, 2005.
2023 Texas Statutes › Penal Code › Title 7 - Offenses Against Property › Chapter 34 - Money Laundering › Section 34.03. Assistance by Attorney General

Sec. 34.03.  ASSISTANCE BY ATTORNEY GENERAL.  The attorney general, if requested to do so by a prosecuting attorney, may assist in the prosecution of an offense under this chapter.
Added by Acts 1993, 73rd Leg., ch. 761, Sec. 2, eff. Sept. 1, 1993.
2023 Texas Statutes › Penal Code › Title 7 - Offenses Against Property › Chapter 35 - Insurance Fraud › Section 35.01. Definitions

Sec. 35.01.  DEFINITIONS.  In this chapter:
(1)  "Insurance policy" means a written instrument in which is provided the terms of any certificate of insurance, binder of coverage, contract of insurance, benefit plan, nonprofit hospital service plan, motor club service plan, surety bond, cash bond, or any other alternative to insurance authorized by Chapter 601, Transportation Code.  The term includes any instrument authorized to be regulated by the Texas Department of Insurance.
(2)   "Insurer" has the meaning assigned by Article 1.02, Insurance Code.
(3)  "Statement" means an oral or written communication or a record or documented representation of fact made to an insurer.  The term includes computer-generated information.
(4)  "Value of the claim" means the total dollar amount of a claim for payment under an insurance policy or, as applicable, the value of the claim determined under Section 35.025.
Added by Acts 1995, 74th Leg., ch. 621, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.830, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 1276, Sec. 10A.541, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 1162 (H.B. 3376), Sec. 4, eff. September 1, 2005.
2023 Texas Statutes › Penal Code › Title 7 - Offenses Against Property › Chapter 35 - Insurance Fraud › Section 35.015. Materiality

Sec. 35.015.  MATERIALITY.  A statement is material for the purposes of this chapter, regardless of the admissibility of the statement at trial, if the statement could have affected:
(1)  the eligibility for coverage or amount of the payment on a claim for payment under an insurance policy; or
(2)  the decision of an insurer whether to issue an insurance policy.
Added by Acts 2005, 79th Leg., Ch. 1162 (H.B. 3376), Sec. 4, eff. September 1, 2005.
2023 Texas Statutes › Penal Code › Title 7 - Offenses Against Property › Chapter 35 - Insurance Fraud › Section 35.025. Value of Claim

Sec. 35.025.  VALUE OF CLAIM.  (a)  Except as provided by Subsection (b) and subject to Subsection (c), for the purposes of Section 35.02(c), if the value of a claim is not readily ascertainable, the value of the claim is:
(1)  the fair market value, at the time and place of the offense, of the goods or services that are the subject of the claim; or
(2)  the cost of replacing the goods or services that are the subject of the claim within a reasonable time after the claim.
(b)  If goods or services that are the subject of a claim cannot be reasonably ascertained under Subsection (a), the goods or services are considered to have a value of $750 or more but less than $2,500.
(c)  If the actor proves by a preponderance of the evidence that a portion of the claim for payment under an insurance policy resulted from a valid loss, injury, expense, or service covered by the policy, the value of the claim is equal to the difference between the total claim amount and the amount of the valid portion of the claim.
Added by Acts 2005, 79th Leg., Ch. 1162 (H.B. 3376), Sec. 4, eff. September 1, 2005.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1251 (H.B. 1396), Sec. 26, eff. September 1, 2015.
2023 Texas Statutes › Penal Code › Title 7 - Offenses Against Property › Chapter 35 - Insurance Fraud › Section 35.03. Aggregation and Multiple Offenses

Sec. 35.03.  AGGREGATION AND MULTIPLE OFFENSES.  (a)  When separate claims in violation of this chapter are communicated to an insurer or group of insurers pursuant to one scheme or continuing course of conduct, the conduct may be considered as one offense and the value of the claims aggregated in determining the classification of the offense.  If claims are aggregated under this subsection, Subsection (b) shall not apply.
(b)  When three or more separate claims in violation of this chapter are communicated to an insurer or group of insurers pursuant to one scheme or continuing course of conduct, the conduct may be considered as one offense, and the classification of the offense shall be one category higher than the most serious single offense proven from the separate claims, except that if the most serious offense is a felony of the first degree, the offense is a felony of the first degree.  This subsection shall not be applied if claims are aggregated under Subsection (a).
Added by Acts 1995, 74th Leg., ch. 621, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Penal Code › Title 7 - Offenses Against Property › Chapter 35 - Insurance Fraud › Section 35.04. Jurisdiction of Attorney General

Sec. 35.04.  JURISDICTION OF ATTORNEY GENERAL.  (a)  The attorney general may offer to an attorney representing the state in the prosecution of an offense under Section 35.02 the investigative, technical, and litigation assistance of the attorney general's office.
(b)  The attorney general may prosecute or assist in the prosecution of an offense under Section 35.02 on the request of the attorney representing the state described by Subsection (a).
Added by Acts 1995, 74th Leg., ch. 621, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Penal Code › Title 8 - Offenses Against Public Administration › Chapter 36 - Bribery and Corrupt Influence › Section 36.01. Definitions

Sec. 36.01.  DEFINITIONS.  In this chapter:
(1)  "Custody" means:
(A)  detained or under arrest by a peace officer;  or
(B)  under restraint by a public servant pursuant to an order of a court.
(2)  "Party official" means a person who holds any position or office in a political party, whether by election, appointment, or employment.
(3)  "Benefit" means anything reasonably regarded as pecuniary gain or pecuniary advantage, including benefit to any other person in whose welfare the beneficiary has a direct and substantial interest.
(4)  "Vote" means to cast a ballot in an election regulated by law.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1975, 64th Leg., p. 915, ch. 342, Sec. 11, eff. Sept. 1, 1975;  Acts 1983, 68th Leg., p. 3237, ch. 558, Sec. 1, eff. Sept. 1, 1983;  Acts 1989, 71st Leg., ch. 67, Sec. 2, eff. Sept. 1, 1989;  Acts 1991, 72nd Leg., ch. 304, Sec. 4.01, eff. Jan. 1, 1992;  Acts 1991, 72nd Leg., ch. 565, Sec. 3, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
2023 Texas Statutes › Penal Code › Title 8 - Offenses Against Public Administration › Chapter 36 - Bribery and Corrupt Influence › Section 36.02. Bribery

Sec. 36.02.  BRIBERY.  (a)  A person commits an offense if he intentionally or knowingly offers, confers, or agrees to confer on another, or solicits, accepts, or agrees to accept from another:
(1)  any benefit as consideration for the recipient's decision, opinion, recommendation, vote, or other exercise of discretion as a public servant, party official, or voter;
(2)  any benefit as consideration for the recipient's decision, vote, recommendation, or other exercise of official discretion in a judicial or administrative proceeding;
(3)  any benefit as consideration for a violation of a duty imposed by law on a public servant or party official;  or
(4)  any benefit that is a political contribution as defined by Title 15, Election Code, or that is an expenditure made and reported in accordance with Chapter 305, Government Code, if the benefit was offered, conferred, solicited, accepted, or agreed to pursuant to an express agreement to take or withhold a specific exercise of official discretion if such exercise of official discretion would not have been taken or withheld but for the benefit;  notwithstanding any rule of evidence or jury instruction allowing factual inferences in the absence of certain evidence, direct evidence of the express agreement shall be required in any prosecution under this subdivision.
(b)  It is no defense to prosecution under this section that a person whom the actor sought to influence was not qualified to act in the desired way whether because he had not yet assumed office or he lacked jurisdiction or for any other reason.
(c)  It is no defense to prosecution under this section that the benefit is not offered or conferred or that the benefit is not solicited or accepted until after:
(1)  the decision, opinion, recommendation, vote, or other exercise of discretion has occurred;  or
(2)  the public servant ceases to be a public servant.
(d)  It is an exception to the application of Subdivisions (1), (2), and (3) of Subsection (a) that the benefit is a political contribution as defined by Title 15, Election Code, or an expenditure made and reported in accordance with Chapter 305, Government Code.
(e)  An offense under this section is a felony of the second degree.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1975, 64th Leg., p. 915, ch. 342, Sec. 11, eff. Sept. 1, 1975;  Acts 1983, 68th Leg., p. 3237, ch. 558, Sec. 2, eff. Sept. 1, 1983;  Acts 1991, 72nd Leg., ch. 304, Sec. 4.02, eff. Jan. 1, 1992;  Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
2023 Texas Statutes › Penal Code › Title 8 - Offenses Against Public Administration › Chapter 36 - Bribery and Corrupt Influence › Section 36.03. Coercion of Public Servant or Voter

Sec. 36.03.  COERCION OF PUBLIC SERVANT OR VOTER.  (a)  A person commits an offense if by means of coercion he:
(1)  influences or attempts to influence a public servant in a specific exercise of his official power or a specific performance of his official duty or influences or attempts to influence a public servant to violate the public servant's known legal duty;  or
(2)  influences or attempts to influence a voter not to vote or to vote in a particular manner.
(b)  An offense under this section is a Class A misdemeanor unless the coercion is a threat to commit a felony, in which event it is a felony of the third degree.
(c)  It is an exception to the application of Subsection (a)(1) of this section that the person who influences or attempts to influence the public servant is a member of the governing body of a governmental entity, and that the action that influences or attempts to influence the public servant is an official action taken by the member of the governing body.  For the purposes of this subsection, the term "official action" includes deliberations by the governing body of a governmental entity.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1989, 71st Leg., ch. 67, Sec. 1, 3, eff. Sept. 1, 1989;  Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
2023 Texas Statutes › Penal Code › Title 8 - Offenses Against Public Administration › Chapter 36 - Bribery and Corrupt Influence › Section 36.04. Improper Influence

Sec. 36.04.  IMPROPER INFLUENCE.  (a)  A person commits an offense if he privately addresses a representation, entreaty, argument, or other communication to any public servant who exercises or will exercise official discretion in an adjudicatory proceeding with an intent to influence the outcome of the proceeding on the basis of considerations other than those authorized by law.
(b)  For purposes of this section, "adjudicatory proceeding" means any proceeding before a court or any other agency of government in which the legal rights, powers, duties, or privileges of specified parties are determined.
(c)  An offense under this section is a Class A misdemeanor.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
2023 Texas Statutes › Penal Code › Title 8 - Offenses Against Public Administration › Chapter 36 - Bribery and Corrupt Influence › Section 36.07. Acceptance of Honorarium

Sec. 36.07.  ACCEPTANCE OF HONORARIUM.  (a)  A public servant commits an offense if the public servant solicits, accepts, or agrees to accept an honorarium in consideration for services that the public servant would not have been requested to provide but for the public servant's official position or duties.
(b)  This section does not prohibit a public servant from accepting transportation and lodging expenses in connection with a conference or similar event in which the public servant renders services, such as addressing an audience or engaging in a seminar, to the extent that those services are more than merely perfunctory, or from accepting meals in connection with such an event.
(b-1)  Transportation, lodging, and meals described by Subsection (b) are not political contributions as defined by Title 15, Election Code.
(c)  An offense under this section is a Class A misdemeanor.
Added by Acts 1991, 72nd Leg., ch. 304, Sec. 4.03, eff. Jan. 1, 1992.  Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 56 (S.B. 1269), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Penal Code › Title 8 - Offenses Against Public Administration › Chapter 36 - Bribery and Corrupt Influence › Section 36.09. Offering Gift to Public Servant

Sec. 36.09.  OFFERING GIFT TO PUBLIC SERVANT.  (a)  A person commits an offense if he offers, confers, or agrees to confer any benefit on a public servant that he knows the public servant is prohibited by law from accepting.
(b)  An offense under this section is a Class A misdemeanor.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
2023 Texas Statutes › Penal Code › Title 8 - Offenses Against Public Administration › Chapter 37 - Perjury and Other Falsification › Section 37.01. Definitions

Sec. 37.01.  DEFINITIONS.  In this chapter:
(1)  "Court record" means a decree, judgment, order, subpoena, warrant, minutes, or other document issued by a court of:
(A)  this state;
(B)  another state;
(C)  the United States;
(D)  a foreign country recognized by an act of congress or a treaty or other international convention to which the United States is a party;
(E)  an Indian tribe recognized by the United States;  or
(F)  any other jurisdiction, territory, or protectorate entitled to full faith and credit in this state under the United States Constitution.
(2)  "Governmental record" means:
(A)  anything belonging to, received by, or kept by government for information, including a court record;
(B)  anything required by law to be kept by others for information of government;
(C)  a license, certificate, permit, seal, title, letter of patent, or similar document issued by government, by another state, by the United States, or by a foreign government engaged in a reciprocal treaty or memorandum of understanding with the United States;
(D)  a standard proof of motor vehicle liability insurance form described by Section 601.081, Transportation Code, a certificate of an insurance company described by Section 601.083 of that code, a document purporting to be such a form or certificate that is not issued by an insurer authorized to write motor vehicle liability insurance in this state, an electronic submission in a form described by Section 502.046(i), Transportation Code, or an evidence of financial responsibility described by Section 601.053 of that code;
(E)  an official ballot or other election record;
(F)  the written documentation a mobile food unit is required to obtain under Section 437.0074, Health and Safety Code; or
(G)  a temporary tag issued under Chapter 502 or 503, Transportation Code.
(3)  "Statement" means any representation of fact.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1991, 72nd Leg., ch. 113, Sec. 3, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994;  Acts 1997, 75th Leg., ch. 189, Sec. 5, eff. May 21, 1997;  Acts 1997, 75th Leg., ch. 823, Sec. 3, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 659, Sec. 1, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 393, Sec. 21, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1276 (H.B. 3672), Sec. 2, eff. September 1, 2007.
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 16.004, eff. September 1, 2013.
Acts 2023, 88th Leg., R.S., Ch. 125 (H.B. 914), Sec. 2, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 623 (H.B. 4337), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Penal Code › Title 8 - Offenses Against Public Administration › Chapter 37 - Perjury and Other Falsification › Section 37.02. Perjury

Sec. 37.02.  PERJURY.  (a)  A person commits an offense if, with intent to deceive and with knowledge of the statement's meaning:
(1)  he makes a false statement under oath or swears to the truth of a false statement previously made and the statement is required or authorized by law to be made under oath;  or
(2)  he makes a false unsworn declaration under Chapter 132, Civil Practice and Remedies Code.
(b)  An offense under this section is a Class A misdemeanor.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
2023 Texas Statutes › Penal Code › Title 8 - Offenses Against Public Administration › Chapter 37 - Perjury and Other Falsification › Section 37.03. Aggravated Perjury

Sec. 37.03.  AGGRAVATED PERJURY.  (a)  A person commits an offense if he commits perjury as defined in Section 37.02, and the false statement:
(1)  is made during or in connection with an official proceeding;  and
(2)  is material.
(b)  An offense under this section is a felony of the third degree.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
2023 Texas Statutes › Penal Code › Title 8 - Offenses Against Public Administration › Chapter 37 - Perjury and Other Falsification › Section 37.04. Materiality

Sec. 37.04.  MATERIALITY.  (a)  A statement is material, regardless of the admissibility of the statement under the rules of evidence, if it could have affected the course or outcome of the official proceeding.
(b)  It is no defense to prosecution under Section 37.03 (Aggravated Perjury) that the declarant mistakenly believed the statement to be immaterial.
(c)  Whether a statement is material in a given factual situation is a question of law.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
2023 Texas Statutes › Penal Code › Title 8 - Offenses Against Public Administration › Chapter 37 - Perjury and Other Falsification › Section 37.05. Retraction

Sec. 37.05.  RETRACTION.  It is a defense to prosecution under Section 37.03 (Aggravated Perjury) that the actor retracted his false statement:
(1)  before completion of the testimony at the official proceeding;  and
(2)  before it became manifest that the falsity of the statement would be exposed.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
2023 Texas Statutes › Penal Code › Title 8 - Offenses Against Public Administration › Chapter 37 - Perjury and Other Falsification › Section 37.06. Inconsistent Statements

Sec. 37.06.  INCONSISTENT STATEMENTS.  An information or indictment for perjury under Section 37.02 or aggravated perjury under Section 37.03 that alleges that the declarant has made statements under oath, both of which cannot be true, need not allege which statement is false.  At the trial the prosecution need not prove which statement is false.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
2023 Texas Statutes › Penal Code › Title 8 - Offenses Against Public Administration › Chapter 37 - Perjury and Other Falsification › Section 37.07. Irregularities No Defense

Sec. 37.07.  IRREGULARITIES NO DEFENSE.  (a)  It is no defense to prosecution under Section 37.02 (Perjury) or 37.03 (Aggravated Perjury) that the oath was administered or taken in an irregular manner, or that there was some irregularity in the appointment or qualification of the person who administered the oath.
(b)  It is no defense to prosecution under Section 37.02 (Perjury) or 37.03 (Aggravated Perjury) that a document was not sworn to if the document contains a recital that it was made under oath, the declarant was aware of the recital when he signed the document, and the document contains the signed jurat of a public servant authorized to administer oaths.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
2023 Texas Statutes › Penal Code › Title 8 - Offenses Against Public Administration › Chapter 37 - Perjury and Other Falsification › Section 37.08. False Report to Peace Officer, Federal Special Investigator, Law Enforcement Employee, Corrections Officer, or Jailer

Sec. 37.08.  FALSE REPORT TO PEACE OFFICER, FEDERAL SPECIAL INVESTIGATOR, LAW ENFORCEMENT EMPLOYEE, CORRECTIONS OFFICER, OR JAILER.  (a)  A person commits an offense if, with intent to deceive, he knowingly makes a false statement that is material to a criminal investigation and makes the statement to:
(1)  a peace officer or federal special investigator conducting the investigation;
(2)  any employee of a law enforcement agency that is authorized by the agency to conduct the investigation and that the actor knows is conducting the investigation; or
(3)  a corrections officer or jailer.
(b)  In this section, "law enforcement agency" has the meaning assigned by Article 59.01, Code of Criminal Procedure.
(c)  An offense under this section is a Class B misdemeanor.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994;  Acts 1997, 75th Leg., ch. 925, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 839 (H.B. 3423), Sec. 3, eff. September 1, 2011.
Acts 2019, 86th Leg., R.S., Ch. 513 (S.B. 405), Sec. 1, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 513 (S.B. 405), Sec. 2, eff. September 1, 2019.
2023 Texas Statutes › Penal Code › Title 8 - Offenses Against Public Administration › Chapter 37 - Perjury and Other Falsification › Section 37.081. False Report Regarding Missing Child or Missing Person

Sec. 37.081.  FALSE REPORT REGARDING MISSING CHILD OR MISSING PERSON.  (a)  A person commits an offense if, with intent to deceive, the person knowingly:
(1)  files a false report of a missing child or missing person with a law enforcement officer or agency;  or
(2)  makes a false statement to a law enforcement officer or other employee of a law enforcement agency relating to a missing child or missing person.
(b)  An offense under this section is a Class C misdemeanor.
Added by Acts 1999, 76th Leg., ch. 200, Sec. 3, eff. Sept. 1, 1999.
2023 Texas Statutes › Penal Code › Title 8 - Offenses Against Public Administration › Chapter 37 - Perjury and Other Falsification › Section 37.082. Misrepresenting Child as Family Member at Port of Entry

Sec. 37.082.  MISREPRESENTING CHILD AS FAMILY MEMBER AT PORT OF ENTRY.  (a) In this section:
(1)  "Child" means a person younger than 18 years of age.
(2)  "Family member" means a person who is related to another person by consanguinity or affinity.
(3)  "Port of entry" means a place designated by executive order of the president of the United States, by order of the United States secretary of the treasury, or by act of the United States Congress at which a customs officer is authorized to enforce customs laws.
(b)  A person commits an offense if the person, with intent to commit an offense under Section 20A.02, knowingly misrepresents a child as a family member of the person to a peace officer or federal special investigator at a port of entry.
(c)  An offense under this section is a Class B misdemeanor.
(d)  If conduct that constitutes 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.
Added by Acts 2019, 86th Leg., R.S., Ch. 1277 (H.B. 888), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Penal Code › Title 8 - Offenses Against Public Administration › Chapter 37 - Perjury and Other Falsification › Section 37.09. Tampering With or Fabricating Physical Evidence

Sec. 37.09.  TAMPERING WITH OR FABRICATING PHYSICAL EVIDENCE.  (a)  A person commits an offense if, knowing that an investigation or official proceeding is pending or in progress, he:
(1)  alters, destroys, or conceals any record, document, or thing with intent to impair its verity, legibility, or availability as evidence in the investigation or official proceeding;  or
(2)  makes, presents, or uses any record, document, or thing with knowledge of its falsity and with intent to affect the course or outcome of the investigation or official proceeding.
(b)  This section shall not apply if the record, document, or thing concealed is privileged or is the work product of the parties to the investigation or official proceeding.
(c)  An offense under Subsection (a) or Subsection (d)(1) is a felony of the third degree, unless the thing altered, destroyed, or concealed is a human corpse, in which case the offense is a felony of the second degree. An offense under Subsection (d)(2) is a Class A misdemeanor.
(c-1)  It is a defense to prosecution under Subsection (a) or (d)(1) that the record, document, or thing was visual material prohibited under Section 43.261 that was destroyed as described by Subsection (f)(3) of that section.
(d)  A person commits an offense if the person:
(1)  knowing that an offense has been committed, alters, destroys, or conceals any record, document, or thing with intent to impair its verity, legibility, or availability as evidence in any subsequent investigation of or official proceeding related to the offense; or
(2)  observes a human corpse under circumstances in which a reasonable person would believe that an offense had been committed, knows or reasonably should know that a law enforcement agency is not aware of the existence of or location of the corpse, and fails to report the existence of and location of the corpse to a law enforcement agency.
(e)  In this section, "human corpse" has the meaning assigned by Section 42.08.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1991, 72nd Leg., ch. 565, Sec. 4, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994;  Acts 1997, 75th Leg., ch. 1284, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 287 (H.B. 872), Sec. 1, eff. September 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 1322 (S.B. 407), Sec. 1, eff. September 1, 2011.
Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 16.004, eff. September 1, 2021.
2023 Texas Statutes › Penal Code › Title 8 - Offenses Against Public Administration › Chapter 37 - Perjury and Other Falsification › Section 37.101. Fraudulent Filing of Financing Statement

Sec. 37.101.  FRAUDULENT FILING OF FINANCING STATEMENT.  (a)  A person commits an offense if the person knowingly presents for filing or causes to be presented for filing a financing statement that the person knows:
(1)  is forged;
(2)  contains a material false statement;  or
(3)  is groundless.
(b)  An offense under Subsection (a)(1) is a felony of the third degree, unless it is shown on the trial of the offense that the person had previously been convicted under this section on two or more occasions, in which event the offense is a felony of the second degree.  An offense under Subsection (a)(2) or (a)(3) is a Class A misdemeanor, unless the person commits the offense with the intent to defraud or harm another, in which event the offense is a state jail felony.
Added by Acts 1997, 75th Leg., ch. 189, Sec. 10, eff. May 21, 1997.
2023 Texas Statutes › Penal Code › Title 8 - Offenses Against Public Administration › Chapter 37 - Perjury and Other Falsification › Section 37.11. Impersonating Public Servant

Sec. 37.11.  IMPERSONATING PUBLIC SERVANT.  (a)  A person commits an offense if the person:
(1)  impersonates a public servant with intent to induce another to submit to the person's pretended official authority or to rely on the person's pretended official acts; or
(2)  knowingly purports to exercise, without legal authority, any function of a public servant or of a public office, including that of a judge and court.
(b)  An offense under this section is a felony of the third degree.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994;  Acts 1997, 75th Leg., ch. 189, Sec. 7, eff. May 21, 1997.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 243 (S.B. 1820), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Penal Code › Title 8 - Offenses Against Public Administration › Chapter 37 - Perjury and Other Falsification › Section 37.12. False Identification as Peace Officer; Misrepresentation of Property

Sec. 37.12.  FALSE IDENTIFICATION AS PEACE OFFICER;  MISREPRESENTATION OF PROPERTY.  (a)  A person commits an offense if:
(1)  the person makes, provides to another person, or possesses a card, document, badge, insignia, shoulder emblem, or other item, including a vehicle, bearing an insignia of a law enforcement agency that identifies a person as a peace officer or a reserve law enforcement officer; and
(2)  the person who makes, provides, or possesses the item bearing the insignia knows that the person so identified by the item is not commissioned as a peace officer or reserve law enforcement officer as indicated on the item.
(b)  It is a defense to prosecution under this section that:
(1)  the card, document, badge, insignia, shoulder emblem, or other item bearing an insignia of a law enforcement agency clearly identifies the person as an honorary or junior peace officer or reserve law enforcement officer, or as a member of a junior posse; or
(2)  the person identified as a peace officer or reserve law enforcement officer by the item bearing the insignia was commissioned in that capacity when the item was made.
(b-1)  It is an exception to the application of this section that the item was used or intended for use exclusively for decorative purposes or in an artistic or dramatic presentation.
(c)  In this section, "reserve law enforcement officer" has the same meaning as is given that term in Section 1701.001, Occupations Code.
(c-1)  For purposes of this section, an item bearing an insignia of a law enforcement agency includes an item that contains the word "police," "sheriff," "constable," or "trooper."
(d)  A person commits an offense if the person intentionally or knowingly misrepresents an object, including a vehicle, as property belonging to a law enforcement agency.  For purposes of this subsection, intentionally or knowingly misrepresenting an object as property belonging to a law enforcement agency includes intentionally or knowingly displaying an item bearing an insignia of a law enforcement agency in a manner that would lead a reasonable person to interpret the item as property belonging to a law enforcement agency.
(e)  An offense under this section is a Class B misdemeanor.
Added by Acts 1983, 68th Leg., p. 5672, ch. 1075, Sec. 1, eff. Sept. 1, 1983.  Amended by Acts 1987, 70th Leg., ch. 514, Sec. 1, eff. Sept. 1, 1987;  Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994;  Acts 2001, 77th Leg., ch. 1420, Sec. 14.831, eff. Sept. 1, 2001.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 982 (H.B. 683), Sec. 3, eff. September 1, 2017.