Tex. Codes » Penal Code · TITLE 8. OFFENSES AGAINST PUBLIC ADMINISTRATION · CHAPTER 37. PERJURY AND OTHER FALSIFICATION
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Tex. Penal Code § 37.04 (2026)

Materiality

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Sec. 37.04. MATERIALITY. (a) A statement is material, regardless of the admissibility of the statement under the rules of evidence, if it could have affected the course or outcome of the official proceeding.

(b) It is no defense to prosecution under Section 37.03 (Aggravated Perjury) that the declarant mistakenly believed the statement to be immaterial.

(c) Whether a statement is material in a given factual situation is a question of law.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

Notes of Decisions
Cited in 29 cases (3 in the last 5 years), 1987–2024 · leading case: State v. Rosenbaum, 910 S.W.2d 934 (Tex. Crim. App. 1995).
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State v. Rosenbaum, 910 S.W.2d 934 (Tex. Crim. App. 1995). · cites it 6× “The court of appeals further concluded that, since materiality is a question of law, Tex.Penal Code Ann. § 37.04, and judicial power embraces "(1) the power to hear facts, (2) the power to decide issues of fact made by the pleadings, (3) the power to decide questions of law…”
Vaughn v. Texas Emp. Comm'n, 792 S.W.2d 139 (Tex. App.—Houston [1st Dist.] 1990). · cites it 2× “See Searcy & Patterson, Practice Commentary, Tex. Penal Code Ann. § 37.04 (Vernon 1989).”
Bonilla v. State, 933 S.W.2d 538 (Tex. App.—Houston [1st Dist.] 1996). · cites it 4× “[2] Based on this record, we exercise our discretion to decline to review this new ground regarding materiality because it was an uncontested issue at trial and on appeal. We overrule appellant's motion for rehearing.”
Warrantech Corp. v. Comput. Adapters Servs., Inc., 134 S.W.3d 516 (Tex. App.—Fort Worth 2004). “See Tex. Penal Code Ann. § 37.04 (a) (Vernon 2003) (providing that statement is sufficiently "material” to sustain aggravated perjury conviction if it could have affected the course or outcome of an official proceeding, regardless of statement's admissibility under rules of…”
In Re Seigel, 198 S.W.3d 21 (Tex. App.—El Paso 2006). “TexPenal Code Ann. § 37.03. A statement is material, regardless of the admissibility of the statement under the rules of evidence, if it could have affected the course or outcome of the official proceeding.”
Terrell v. State, 801 S.W.2d 544 (Tex. App. 1991). · cites it 2× “” Tex.Penal Code Ann. § 37.04(a) (Vernon 1989).”
Kmiec v. State, 91 S.W.3d 820 (Tex. App.—Houston [1st Dist.] 2002). “Tex. Penal Code Ann. § 37.04 (a) (Vernon 1994).”
Ex Parte Busby, 921 S.W.2d 389 (Tex. App.—Austin 1996). “” Tex. Penal Code Ann. § 37.04 (West 1994).”
Springer v. State, 721 S.W.2d 510 (Tex. App.—Houston [14th Dist.] 1987). “1980); Tex.Penal Code Ann. § 37.04 (Vernon 1974).”
State v. Rosenbaum, 858 S.W.2d 22 (Tex. App. 1993). · cites it 2× “Tex.Penal Code Ann. § 37.04 (Vernon 1989); Mitchell v.”
Ly v. State, 931 S.W.2d 22 (Tex. App.—Houston [1st Dist.] 1996). “Tex.Penal Code Ann. § 37.04(a) (Vernon Supp.”
Ex Parte Tamez, 4 S.W.3d 366 (Tex. App.—Houston [1st Dist.] 1999). “04(c) is unconstitutional because determination of materiality by the court is unconstitutional under Gau-din.”
Show all 29 citing cases →
Tex. Penal Code § 37.04(a): 5 cases
State v. Rosenbaum, 910 S.W.2d 934 (Tex. Crim. App. 1995). “The court of appeals further concluded that, since materiality is a question of law, Tex.Penal Code Ann. § 37.04, and judicial power embraces "(1) the power to hear facts, (2) the power to decide issues of fact made by the pleadings, (3) the power to decide questions of law…”
Terrell v. State, 801 S.W.2d 544 (Tex. App. 1991). “” Tex.Penal Code Ann. § 37.04(a) (Vernon 1989).”
Vaughn v. Texas Emp. Comm'n, 792 S.W.2d 139 (Tex. App.—Houston [1st Dist.] 1990). “See Searcy & Patterson, Practice Commentary, Tex. Penal Code Ann. § 37.04 (Vernon 1989).”
Ly v. State, 931 S.W.2d 22 (Tex. App.—Houston [1st Dist.] 1996). “Tex.Penal Code Ann. § 37.04(a) (Vernon Supp.”
Markum Woodrow Peavey v. State of Texas, No. 11-10-00012-CR (Tex. App.—Eastland Jan. 19, 2012).
Tex. Penal Code § 37.04(c): 5 cases
Bonilla v. State, 933 S.W.2d 538 (Tex. App.—Houston [1st Dist.] 1996). “[2] Based on this record, we exercise our discretion to decline to review this new ground regarding materiality because it was an uncontested issue at trial and on appeal. We overrule appellant's motion for rehearing.”
Coleman v. State, 279 S.W.3d 681 (Tex. App.—Amarillo 2007).
Trey Wayne Fricks v. the State of Texas, No. 13-20-00428-CR (Tex. App.—Corpus Christi–Edinburg May 26, 2022).
Dorothy Fricks v. the State of Texas, No. 13-20-00430-CR (Tex. App.—Corpus Christi–Edinburg May 26, 2022).
Thomas Coleman v. State, No. 07-05-00042-CR, 2006 Tex. App. LEXIS 10155 (Tex. App.—Amarillo Nov. 27, 2006).
Tex. Penal Code § 37.04(e): 1 case
Bonilla v. State, 933 S.W.2d 538 (Tex. App.—Houston [1st Dist.] 1996). “[2] Based on this record, we exercise our discretion to decline to review this new ground regarding materiality because it was an uncontested issue at trial and on appeal. We overrule appellant's motion for rehearing.”
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