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From the 2005 Regular Session of the Texas Legislature

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See caveat and source notes at the 79th Regular Session page)

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	H.B. No. 126



AN ACT



relating to the penalty for tampering with
a governmental record establishing residency for enrollment
in a public school.


BE IT ENACTED BY THE LEGISLATURE OF THE
STATE OF TEXAS:


SECTION 1.  Section 37.10(c), Penal Code,
is amended to read as follows:


(c)(1)  Except as provided by Subdivisions
Subdivision (2) and (3) and
by Subsection (d), an offense under this section is
a Class A misdemeanor unless the actor's intent is
to defraud or harm another, in which event the offense
is a state jail felony.


	(2)  An offense under this section is a
felony of the third degree if it is shown on the trial
of the offense that the governmental record was a public
school record, report, or assessment instrument required
under Chapter 39, Education Code, or was a license,
certificate, permit, seal, title, letter of patent,
or similar document issued by government, by another
state, or by the United States, unless the actor's
intent is to defraud or harm another, in which event
the offense is a felony of the second degree.


	(3)  An offense under this section is
a Class C misdemeanor if it is shown on the trial of
the offense that the governmental record is a governmental
record that is required for enrollment of a student
in a school district and was used by the actor to establish
the residency of the student.


SECTION 2.  Section 37.10(c), Penal Code,
as amended by this Act, applies only to an offense
committed on or after the effective date of this Act.
 An offense committed before the effective date of
this Act is covered by the law in effect when the offense
was committed, and the former law is continued in effect
for that purpose.  For purposes of this section, an
offense was committed before the effective date of
this Act if any element of the offense was committed
before that date.


SECTION 3.  This Act takes effect immediately
if it receives a vote of two-thirds of all the members
elected to each house, as provided by Section 39, Article
III, Texas Constitution.  If this Act does not receive
the vote necessary for immediate effect, this Act takes
effect September 1, 2005.




______________________________	______________________________


   President of the Senate	Speaker of the
House      


I certify that H.B. No. 126 was passed
by the House on April 22, 2005, by the following vote:
 Yeas 143, Nays 0, 2 present, not voting; and that
the House concurred in Senate amendments to H.B. No.
126 on May 26, 2005, by the following vote:  Yeas 140,
Nays 0, 2 present, not voting.



______________________________




Chief Clerk of the
House   



I certify that H.B. No. 126 was passed
by the Senate, with amendments, on May 24, 2005, by
the following vote:  Yeas 31, Nays 0.



______________________________




Secretary of the Senate
  



APPROVED: __________________


                 Date       


          __________________


               Governor