| 1 | 1 | | By: Jackson S.B. No. 431 |
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| 2 | 2 | | (Smith of Harris) |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the use of fraudulent or fictitious military records; |
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| 8 | 8 | | creating an offense. |
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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. Subchapter D, Chapter 32, Penal Code, is amended |
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| 11 | 11 | | by adding Section 32.54 to read as follows: |
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| 12 | 12 | | Sec. 32.54. FRAUDULENT OR FICTITIOUS MILITARY RECORD. |
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| 13 | 13 | | (a) In this section: |
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| 14 | 14 | | (1) "Military record" means an enlistment record, |
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| 15 | 15 | | occupation specialty, medal, award, decoration, or certification |
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| 16 | 16 | | obtained by a person through the person's service in the armed |
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| 17 | 17 | | forces of the United States or the state military forces. |
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| 18 | 18 | | (2) "State military forces" has the meaning assigned |
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| 19 | 19 | | by Section 431.001, Government Code. |
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| 20 | 20 | | (b) A person commits an offense if the person: |
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| 21 | 21 | | (1) uses or claims to hold a military record that the |
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| 22 | 22 | | person knows: |
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| 23 | 23 | | (A) is fraudulent; |
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| 24 | 24 | | (B) is fictitious or has otherwise not been |
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| 25 | 25 | | granted or assigned to the person; or |
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| 26 | 26 | | (C) has been revoked; and |
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| 27 | 27 | | (2) uses or claims to hold that military record: |
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| 28 | 28 | | (A) in a written or oral advertisement or other |
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| 29 | 29 | | promotion of a business; or |
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| 30 | 30 | | (B) with the intent to: |
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| 31 | 31 | | (i) obtain priority in receiving services |
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| 32 | 32 | | or resources under Subchapter G, Chapter 302, Labor Code; |
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| 33 | 33 | | (ii) qualify for a veteran's employment |
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| 34 | 34 | | preference under Chapter 657, Government Code; |
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| 35 | 35 | | (iii) obtain a license or certificate to |
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| 36 | 36 | | practice a trade, profession, or occupation; |
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| 37 | 37 | | (iv) obtain a promotion, compensation, or |
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| 38 | 38 | | other benefit, or an increase in compensation or other benefit, in |
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| 39 | 39 | | employment or in the practice of a trade, profession, or |
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| 40 | 40 | | occupation; |
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| 41 | 41 | | (v) obtain a benefit, service, or donation |
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| 42 | 42 | | from another person; |
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| 43 | 43 | | (vi) obtain admission to an educational |
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| 44 | 44 | | program in this state; or |
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| 45 | 45 | | (vii) gain a position in state government |
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| 46 | 46 | | with authority over another person, regardless of whether the actor |
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| 47 | 47 | | receives compensation for the position. |
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| 48 | 48 | | (c) An offense under this section is a Class C misdemeanor. |
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| 49 | 49 | | (d) If conduct that constitutes an offense under this |
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| 50 | 50 | | section also constitutes an offense under any other law, the actor |
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| 51 | 51 | | may be prosecuted under this section or the other law. |
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| 52 | 52 | | SECTION 2. This Act takes effect September 1, 2011. |
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