by Tim Powers
This is the first in the series of new laws enacted by the Texas Legislature.
These laws take effect September 1, 2011
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 32, Penal Code, is amended by adding
Section 32.54 to read as follows:
Sec. 32.54. FRAUDULENT OR FICTITIOUS MILITARY RECORD.
(a) In this section:
(1) "Military record" means an enlistment record, occupation
specialty, medal, award, decoration, or certification obtained by a person
through the person’s service in the armed forces of the United States
or the state military forces.
(2) "State military forces" has the meaning assigned by Section
431.001, Government Code.
(b) A person commits an offense if the person:
(1) uses or claims to hold a military record that the person knows:
(A) is fraudulent;
(B) is fictitious or has otherwise not been granted or assigned to the
(C) has been revoked; and
(2) uses or claims to hold that military record:
(A) in a written or oral advertisement or other promotion of a business; or
(B) with the intent to:
(i) obtain priority in receiving services or resources under Subchapter
G, Chapter 302, Labor Code;
(ii) qualify for a veteran’s employment preference under Chapter
657, Government Code;
(iii) obtain a license or certificate to practice a trade, profession,
(iv) obtain a promotion, compensation, or other benefit, or an increase
in compensation or other benefit, in employment or in the practice of
a trade, profession, or occupation;
(v) obtain a benefit, service, or donation from another person;
(vi) obtain admission to an educational program in this state; or
(vii) gain a position in state government with authority over another
person, regardless of whether the actor receives compensation for the position.
(c) An offense under this section is a Class C misdemeanor.
(d) If conduct that constitutes an offense under this section also constitutes
an offense under any other law, the actor may be prosecuted under this
section or the other law.
SECTION 2. This Act takes effect September 1, 2011.
If you are seeking aggressive criminal representation by an experienced
criminal defense attorney for your DWI case or arrest in Denton County,
contact the offices of Tim Powers today. There is no charge or obligation
for the initial consultation. 940.580.2899.
*Tim Powers is an attorney licensed to practice law by the Supreme Court
of Texas. Nothing in this article is intended to be legal advice. For
legal advice about any specific legal question you should directly consult