By: Carona S.B. No. 367
(In the Senate - Filed December 15, 2008; February 17, 2009,
read first time and referred to Committee on Transportation and
Homeland Security; April 8, 2009, reported adversely, with
favorable Committee Substitute by the following vote: Yeas 8,
Nays 0; April 8, 2009, sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 367 By: Carona
A BILL TO BE ENTITLED
AN ACT
relating to the prosecution of and punishment for certain criminal
offenses involving the use of a false or fictitious identity or
identifying documents.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 37.10, Penal Code, is amended by adding
Subsection (j) to read as follows:
(j) It is not a defense to prosecution under Subsection
(a)(2) that the record, document, or thing made, presented, or used
displays or contains the statement "NOT A GOVERNMENT DOCUMENT" or
another substantially similar statement intended to alert a person
to the falsity of the record, document, or thing, unless the record,
document, or thing displays the statement diagonally printed
clearly and indelibly on both the front and back of the record,
document, or thing in solid red capital letters at least one-fourth
inch in height.
SECTION 2. Section 521.454, Transportation Code, is amended
by adding Subsection (d) to read as follows:
(d) If conduct constituting 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.
SECTION 3. Section 521.455, Transportation Code, is amended
by adding Subsection (c) to read as follows:
(c) If conduct constituting 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.
SECTION 4. Section 521.456, Transportation Code, is amended
by adding Subsection (e) to read as follows:
(e) If conduct constituting 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.
SECTION 5. The change in law made 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 occurred before that date.
SECTION 6. This Act takes effect September 1, 2009.
* * * * *