| 1 | 1 | | By: Carona S.B. No. 367 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the prosecution of and punishment for certain criminal |
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| 7 | 7 | | offenses involving the use of a false or fictitious identity or |
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| 8 | 8 | | identifying documents. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 37.10, Penal Code, is amended by adding |
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| 11 | 11 | | Subsection (j) to read as follows: |
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| 12 | 12 | | (j) It is not a defense to prosecution under Subsection |
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| 13 | 13 | | (a)(2) that the record, document, or thing made, presented, or used |
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| 14 | 14 | | displays or contains the statement "NOT A GOVERNMENT DOCUMENT" or |
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| 15 | 15 | | another substantially similar statement intended to alert a person |
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| 16 | 16 | | to the falsity of the record, document, or thing, unless the record, |
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| 17 | 17 | | document, or thing displays the statement diagonally printed |
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| 18 | 18 | | clearly and indelibly on both the front and back of the record, |
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| 19 | 19 | | document, or thing in solid red capital letters at least one-fourth |
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| 20 | 20 | | inch in height. |
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| 21 | 21 | | SECTION 2. Section 521.454, Transportation Code, is amended |
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| 22 | 22 | | by adding Subsection (d) to read as follows: |
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| 23 | 23 | | (d) If conduct constituting an offense under this section |
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| 24 | 24 | | also constitutes an offense under another law, the actor may be |
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| 25 | 25 | | prosecuted under this section, the other law, or both. |
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| 26 | 26 | | SECTION 3. Section 521.455, Transportation Code, is amended |
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| 27 | 27 | | by adding Subsection (c) to read as follows: |
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| 28 | 28 | | (c) If conduct constituting an offense under this section |
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| 29 | 29 | | also constitutes an offense under another law, the actor may be |
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| 30 | 30 | | prosecuted under this section, the other law, or both. |
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| 31 | 31 | | SECTION 4. Section 521.456, Transportation Code, is amended |
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| 32 | 32 | | by adding Subsection (e) to read as follows: |
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| 33 | 33 | | (e) If conduct constituting an offense under this section |
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| 34 | 34 | | also constitutes an offense under another law, the actor may be |
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| 35 | 35 | | prosecuted under this section, the other law, or both. |
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| 36 | 36 | | SECTION 5. The change in law made by this Act applies only |
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| 37 | 37 | | to an offense committed on or after the effective date of this Act. |
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| 38 | 38 | | An offense committed before the effective date of this Act is |
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| 39 | 39 | | covered by the law in effect when the offense was committed, and the |
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| 40 | 40 | | former law is continued in effect for that purpose. For purposes of |
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| 41 | 41 | | this section, an offense was committed before the effective date of |
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| 42 | 42 | | this Act if any element of the offense occurred before that date. |
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| 43 | 43 | | SECTION 6. This Act takes effect September 1, 2009. |
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