Tex. Penal Code § 37.01

Definitions

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Sec. 37.01. DEFINITIONS. In this chapter:

(1) "Court record" means a decree, judgment, order, subpoena, warrant, minutes, or other document issued by a court of:

(A) this state;

(B) another state;

(D) a foreign country recognized by an act of congress or a treaty or other international convention to which the United States is a party;

(E) an Indian tribe recognized by the United States; or

(F) any other jurisdiction, territory, or protectorate entitled to full faith and credit in this state under the United States Constitution.

(2) "Governmental record" means:

(A) anything belonging to, received by, or kept by government for information, including a court record;

(B) anything required by law to be kept by others for information of government;

(C) a license, certificate, permit, seal, title, letter of patent, or similar document issued by government, by another state, by the United States, or by a foreign government engaged in a reciprocal treaty or memorandum of understanding with the United States;

(D) a standard proof of motor vehicle liability insurance form described by Section 601.081, Transportation Code, a certificate of an insurance company described by Section 601.083 of that code, a document purporting to be such a form or certificate that is not issued by an insurer authorized to write motor vehicle liability insurance in this state, an electronic submission in a form described by Section 502.046(i), Transportation Code, or an evidence of financial responsibility described by Section 601.053 of that code;

(E) an official ballot or other election record;

(F) the written documentation a mobile food unit is required to obtain under Section 437.0074, Health and Safety Code; or

(G) a temporary tag issued under Chapter 502 or 503, Transportation Code.

(3) "Statement" means any representation of fact.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1991, 72nd Leg., ch. 113, Sec. 3, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 189, Sec. 5, eff. May 21, 1997; Acts 1997, 75th Leg., ch. 823, Sec. 3, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 659, Sec. 1, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 393, Sec. 21, eff. Sept. 1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 1276 (H.B. 3672), Sec. 2, eff. September 1, 2007.

Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 16.004, eff. September 1, 2013.

Acts 2023, 88th Leg., R.S., Ch. 125 (H.B. 914), Sec. 2, eff. September 1, 2023.

Acts 2023, 88th Leg., R.S., Ch. 623 (H.B. 4337), Sec. 1, eff. September 1, 2023.

Notes of Decisions

Cited in 58 cases, 1986–2020 · leading case: State v. Vasilas

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State v. Vasilas (2006) texcrimapp · cites it 3× “” Tex. Penal Code Ann. § 37.01 (2)(A) (Vernon Supp.”

Ramos v. State (2009) texcrimapp · cites it 2× “) Texas Penal Code § 37.01(2)(C), in turn, provides that "government record" means "a license, certificate, permit, seal, title, letter of patent, or similar document issued by government, by another state, or by the United States.”

State v. Rosenbaum (1995) texcrimapp · cites it 2× “Therefore, the State could not proceed with its prosecution for aggravated perjury under Tex.Penal Code Ann. § 37.02 but was free to pursue the offense of perjury under Tex.”

Texas Department of Public Safety v. Caruana (2012) tex · cites it 2× “Laws 883 , 948, codified as TEX. PENAL CODE § 37.01(1), now § 37.01(2).”

Ramos v. State (2008) texapp · cites it 3× “See Tex. Penal Code Ann. § 37.01 (2)(C),(3) (defining “governmental record”); § 32.”

Liverman v. State (2015) texcrimapp “” Tex. Penal Code § 37.01 (2)(A). If the offense of tampering with a governmental record is committed "with intent to defraud or harm another,” it is a state-jail felony, at least absent other special circumstances outlined in § 37.”

Lopez v. State (2000) texapp · cites it 2× “A social security card is a "certificate issued by the United States," and, therefore, it is a "governmental record" as defined by Texas Penal Code section 37.01(2)(c). Because the governmental record described in the information is a certificate issued by the United States, the…”

Omar Hernandez v. State (2019) texapp · cites it 2× “” Tex. Pen. Code Ann. §37.01 (2)(A) (West, Westlaw through 2017 1st C.”

Hardy v. State (2008) texapp “See Tex. Penal Code Ann. § 37.01 (3). Joslin’s statement that he had *296 personal knowledge that Coates unlawfully committed the offense of DWI is clearly a representation of fact.”

Kmiec v. State (2002) texapp “” He argues that “Tony Kmiee” was his alias name, another name by which he is known, and as such, cannot constitute a false statement. At trial, the State presented evidence that “Tony Kmiee” was not appellant’s alias.”

Chambers v. State (2017) texapp · cites it 3× “” Tex. Penal Code Ann. § 37.01 (2)(A). “Government” includes the police department of Indian Lake, See id.”

Thompson v. State (2007) texapp · cites it 2× “Tex. Penal Code Ann. § 37.01 (2) (Vernon Supp.”

Show all 58 citing cases →

— Tex. Penal Code § 37.01(1) — 2 cases

Texas Department of Public Safety v. Caruana (2012) tex “Laws 883 , 948, codified as TEX. PENAL CODE § 37.01(1), now § 37.01(2).”

Blaine Standiford v. CitiMortgage, Inc. and MERSCORP Holdings, Inc. (2015) texapp

— Tex. Penal Code § 37.01(2) — 2 cases

Alfaro-Jimenez v. State (2019)

Kevin Ratliff v. State (2020) texapp

— Tex. Penal Code § 37.01(2)(A) — 10 cases

Ramos v. State (2008) texapp “See Tex. Penal Code Ann. § 37.01 (2)(C),(3) (defining “governmental record”); § 32.”

State v. Vasilas (2005) texapp

Harrelson v. State (2008) texapp

Hill, Albert G. (2015) texapp

Chambers, John (2019) texcrimapp

— Tex. Penal Code § 37.01(2)(C) — 6 cases

Ramos v. State (2009) texcrimapp “) Texas Penal Code § 37.01(2)(C), in turn, provides that "government record" means "a license, certificate, permit, seal, title, letter of patent, or similar document issued by government, by another state, or by the United States.”

Ramos v. State (2008) texapp “See Tex. Penal Code Ann. § 37.01 (2)(C),(3) (defining “governmental record”); § 32.”

Stratton, David Robert (2018) texcrimapp

Hernan Arquimides Ramos v. State (2008) texapp

Ramos, Hernan Arquimides (2009) texcrimapp

— Tex. Penal Code § 37.01(2)(D) — 1 case

Desir v. State (2018) texapp

— Tex. Penal Code § 37.01(2)(c) — 2 cases

Lopez v. State (2000) texapp “A social security card is a "certificate issued by the United States," and, therefore, it is a "governmental record" as defined by Texas Penal Code section 37.01(2)(c). Because the governmental record described in the information is a certificate issued by the United States, the…”

Pablo Alfaro-Jimenez v. State (2017) texapp

— Tex. Penal Code § 37.01(3) — 1 case

Brasher v. State (1986) texapp

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