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Baker's Texas Penal Code Handbook includes the full text of the Texas Penal Code
as amended through the 79th Session of the Texas Legislature, and contains over
16,000 case notes from reported Texas court decisions, constituting a one-volume
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The 2006 Edition of Baker's Texas Penal Code Handbook contains
178 case notes under Chapter 37.
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No amendments to this provision were enacted at the 79th Regular Session
of the Texas Legisature (2005).
2004 Texas Penal Code
TITLE 8. OFFENSES AGAINST PUBLIC ADMINISTRATION
CHAPTER 37. PERJURY AND OTHER FALSIFICATION
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.
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