Sec. 261.107. FALSE REPORT; CRIMINAL PENALTY; CIVIL PENALTY. (a) A person commits an offense if, with the intent to deceive, the person knowingly makes a report as provided in this chapter that is false. An offense under this subsection is a state jail felony unless it is shown on the trial of the offense that the person has previously been convicted under this section, in which case the offense is a felony of the third degree.
(b) A finding by a court in a suit affecting the parent-child relationship that a report made under this chapter before or during the suit was false or lacking factual foundation may be grounds for the court to modify an order providing for possession of or access to the child who was the subject of the report by restricting further access to the child by the person who made the report.
(c) The appropriate county prosecuting attorney shall be responsible for the prosecution of an offense under this section.
(d) The court shall order a person who is convicted of an offense under Subsection (a) to pay any reasonable and necessary attorney's fees, court costs, and expenses incurred by the person who was falsely accused of abuse or neglect in any proceeding relating to the false report.
(e) A person who engages in conduct described by Subsection (a) is liable to the state for a civil penalty of $1,000. The attorney general shall bring an action to recover a civil penalty authorized by this subsection.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 92, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 575, Sec. 2, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1022, Sec. 68; Acts 1999, 76th Leg., ch. 62, Sec. 6.30, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.13, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.14(a), eff. September 1, 2005.
Acts 2025, 89th Leg., R.S., Ch. 593 (H.B. 2524), Sec. 52, eff. September 1, 2025.
Notes of Decisions
Cited in
13
cases (
2 in the last 5 years), 1999–2025 · leading case:
State v. Colyandro, 233 S.W.3d 870 (Tex. Crim. App. 2007).
State v. Colyandro, 233 S.W.3d 870 (Tex. Crim. App. 2007).
· cites it 2× “094(c); TEX. FAM.CODE § 261.107(a); TEX. FIN.CODE § 33.”
Oliva v. State, 548 S.W.3d 518 (Tex. Crim. App. 2018).
“Local Gov't Code § 352.022 ; Tex. Occ. Code §§ 102.001(c)(1), 102.”
Morris v. Dearborne, 181 F.3d 657 (5th Cir. 1999).
· cites it 2× “See Tex. Fam.Code § 261.107 (West 1996). 8 Dearborne’s citation to Texas statutes that require teachers to report suspected child abuse, Tex.”
Harvey v. State, 97 S.W.3d 162 (Tex. App. 2003).
· cites it 2× “See Tex. Fam. Code § 261.107; Tex. Pen.Code § 12.”
State v. DeLay, 208 S.W.3d 603 (Tex. App. 2006).
“094(c); Tex. Fam. Code Ann. § 261.107 (a) (West Supp.”
Crystal Elizabeth De La Torre v. Armando De La Torre, Jr. (Tex. App. 2020).
· cites it 3× “00” against Crystal pursuant to Chapter 261 of the Family Code, see Tex. Fam. Code § 261.107 (“False Report; Criminal Penalty; Civil Penalty”), and asked for an award of attorney’s fees, see id.”
in the Interest OF M.M. & M.M., Child. (Tex. App. 2023).
· cites it 2× “d, subsection (b) statutorily recognizes a basis—“[a] finding by a court in a suit affecting the parent-child relationship that a report made under this chapter before or during the suit was false or lacking factual foundation”—to support modifying “an order providing for…”
Crystal Elizabeth De La Torre v. Armando De La Torre, Jr. (Tex. App. 2020).
“107 does not create a private cause of action and its enforcement is the responsibility of the county prosecuting attorney, and that “because Armando cannot establish standing, he cannot satisfy his burden [under the TCPA] to make out a prima facie case for each element of his…”
— Tex. Fam. Code § 261.107(a) — 3 cases
State v. Colyandro, 233 S.W.3d 870 (Tex. Crim. App. 2007).
“094(c); TEX. FAM.CODE § 261.107(a); TEX. FIN.CODE § 33.”
Oliva v. State, 548 S.W.3d 518 (Tex. Crim. App. 2018).
“Local Gov't Code § 352.022 ; Tex. Occ. Code §§ 102.001(c)(1), 102.”
— Tex. Fam. Code § 261.107(b) — 1 case
in the Interest OF M.M. & M.M., Child. (Tex. App. 2023).
“d, subsection (b) statutorily recognizes a basis—“[a] finding by a court in a suit affecting the parent-child relationship that a report made under this chapter before or during the suit was false or lacking factual foundation”—to support modifying “an order providing for…”
— Tex. Fam. Code § 261.107(c) — 1 case
Crystal Elizabeth De La Torre v. Armando De La Torre, Jr. (Tex. App. 2020).
“107 does not create a private cause of action and its enforcement is the responsibility of the county prosecuting attorney, and that “because Armando cannot establish standing, he cannot satisfy his burden [under the TCPA] to make out a prima facie case for each element of his…”
— Tex. Fam. Code § 261.107(d) — 1 case
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