By: Rodriguez S.B. No. 124
(In the Senate - Filed November 12, 2012; January 29, 2013,
read first time and referred to Committee on Education;
March 27, 2013, reported favorably by the following vote: Yeas 9,
Nays 0; March 27, 2013, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the punishment for the offense of tampering with
certain governmental records based on certain reporting for school
districts and open-enrollment charter schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subdivision (2), Subsection (c), Section 37.10,
Penal Code, is amended to read as follows:
(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) a public school record, report, or assessment
instrument required under Chapter 39, Education Code, data reported
for a school district or open-enrollment charter school to the
Texas Education Agency through the Public Education Information
Management System (PEIMS) described by Section 42.006, Education
Code, under a law or rule requiring that reporting, 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;
(B) a written report of a medical, chemical,
toxicological, ballistic, or other expert examination or test
performed on physical evidence for the purpose of determining the
connection or relevance of the evidence to a criminal action; or
(C) a written report of the certification,
inspection, or maintenance record of an instrument, apparatus,
implement, machine, or other similar device used in the course of an
examination or test performed on physical evidence for the purpose
of determining the connection or relevance of the evidence to a
criminal action.
SECTION 2. 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
governed by the law in effect on the date 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 3. This Act takes effect September 1, 2013.
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