By: Gallego H.B. No. 4467
A BILL TO BE ENTITLED
AN ACT
relating to the creation and prosecution of the offense of making a
false statement with the intent to deny a benefit.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 32, Penal Code, is amended by adding
Section 32.53 to read as follows:
Sec. 32.53. FALSE STATEMENT TO DENY BENEFIT. (a) A person
commits an offense if the person intentionally or knowingly makes a
materially false or misleading written statement to another with
intent to deny a benefit to which the other person is entitled.
(c) An offense under this section is:
(1) a Class C misdemeanor if the value of the benefit
denied is less than $500;
(2) a Class B misdemeanor if the value of the benefit
denied is $500 or more but less than $5,000;
(3) a Class A misdemeanor if the value of the benefit
denied is $5,000 or more but less than $10,000;
(4) a state jail felony if the value of the benefit
denied is $10,000 or more but less than $20,000;
(5) a felony of the third degree if the value of the
benefit denied is $20,000 or more but less than $100,000;
(6) a felony of the second degree if the value of the
benefit denied is $100,000 or more but less than $200,000; or
(7) a felony of the first degree if the value of the
benefit denied is $200,000 or more.
SECTION 2. Chapter 12, Code of Criminal Procedure, is
amended by adding Article 12,011 to read as follows:
Art. 12.011. FALSE STATEMENT TO DENY BENEFIT. (a) The
limitation period for an offense under Section 32.53, Penal Code,
is 10 years from the date of the commission of the offense.
SECTION 3. This Act takes effect September 1, 2009.