Tex. Codes » Penal Code · TITLE 7. OFFENSES AGAINST PROPERTY · CHAPTER 35. INSURANCE FRAUD
Texas Codes

Tex. Penal Code § 35.01 (2026)

Definitions

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Sec. 35.01. DEFINITIONS. In this chapter:

(1) "Insurance policy" means a written instrument in which is provided the terms of any certificate of insurance, binder of coverage, contract of insurance, benefit plan, nonprofit hospital service plan, motor club service plan, surety bond, cash bond, or any other alternative to insurance authorized by Chapter 601, Transportation Code. The term includes any instrument authorized to be regulated by the Texas Department of Insurance.

(2) "Insurer" has the meaning assigned by Article 1.02, Insurance Code.

(3) "Statement" means an oral or written communication or a record or documented representation of fact made to an insurer. The term includes computer-generated information.

(4) "Value of the claim" means the total dollar amount of a claim for payment under an insurance policy or, as applicable, the value of the claim determined under Section 35.025.

Added by Acts 1995, 74th Leg., ch. 621, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.830, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1276, Sec. 10A.541, eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch. 1162 (H.B. 3376), Sec. 4, eff. September 1, 2005.

Notes of Decisions
Cited in 4 cases, 2000–2020 · leading case: Logan v. State, 48 S.W.3d 296 (Tex. App.—Texarkana 2001).
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Logan v. State, 48 S.W.3d 296 (Tex. App.—Texarkana 2001). · cites it 2× “Tex.Pen.Code Ann. § 35.01(5) (Vernon Supp.”
Lorraine Kenyon v. Elephant Ins. Co., 628 S.W.3d 868 (Tex. App.—San Antonio 2020). “See TEX. PENAL CODE §§ 35.01–.04. For each fiscal year from 2016 to 2018, the Texas Department of Insurance reported less than thirty cases of motor vehicle insurance fraud referred for prosecution, including both insurer fraud and claimant fraud.”
Roger Marcus v. State, No. 01-06-00484-CR (Tex. App.—Houston [1st Dist.] Nov. 8, 2007). “Laws 3483 , 3483 (amended 2003) (current version at Tex. Pen. Code Ann. § 35.01 (3)(Vernon 2006)), is unpersuasive.”
Leandro Benavides v. State, No. 13-99-00615-CR (Tex. App.—Corpus Christi Aug. 31, 2000). “" Tex. Penal Code Ann. § 35.01 (5) (Vernon 2000).”
Tex. Penal Code § 35.01(5): 1 case
Logan v. State, 48 S.W.3d 296 (Tex. App.—Texarkana 2001). “Tex.Pen.Code Ann. § 35.01(5) (Vernon Supp.”
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