Texas Codes

Tex. Penal Code § 37.10 (2026)

Tampering With Governmental Record

✓ current as of May 2026

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Sec. 37.10. TAMPERING WITH GOVERNMENTAL RECORD. (a) A person commits an offense if he:

(1) knowingly makes a false entry in, or false alteration of, a governmental record;

(2) makes, presents, or uses any record, document, or thing with knowledge of its falsity and with intent that it be taken as a genuine governmental record;

(3) intentionally destroys, conceals, removes, or otherwise impairs the verity, legibility, or availability of a governmental record;

(4) possesses, sells, or offers to sell a governmental record or a blank governmental record form with intent that it be used unlawfully;

(5) makes, presents, or uses a governmental record with knowledge of its falsity; or

(6) possesses, sells, or offers to sell a governmental record or a blank governmental record form with knowledge that it was obtained unlawfully.

(b) It is an exception to the application of Subsection (a)(3) that the governmental record is destroyed pursuant to legal authorization or transferred under Section 441.204, Government Code. With regard to the destruction of a local government record, legal authorization includes compliance with the provisions of Subtitle C, Title 6, Local Government Code.

(c)(1) Except as provided by Subdivisions (2), (3), (4), (5), and (6), and by Subsection (d), an offense under this section is a Class A misdemeanor unless the actor's intent is to defraud or harm another, in which event the offense is a state jail felony.

(2) An offense under this section is a felony of the third degree if it is shown on the trial of the offense that the governmental record was:

(A) a public school record, report, or assessment instrument required under Chapter 39, Education Code, data reported for a school district or open-enrollment charter school to the Texas Education Agency through the Public Education Information Management System (PEIMS) described by Sections 48.008 and 48.009, Education Code, under a law or rule requiring that reporting, or a license, certificate, permit, seal, title, letter of patent, or similar document issued by government, by another state, or by the United States, unless the actor's intent is to defraud or harm another, in which event the offense is a felony of the second degree;

(B) a written report of a medical, chemical, toxicological, ballistic, or other expert examination or test performed on physical evidence for the purpose of determining the connection or relevance of the evidence to a criminal action;

(C) a written report of the certification, inspection, or maintenance record of an instrument, apparatus, implement, machine, or other similar device used in the course of an examination or test performed on physical evidence for the purpose of determining the connection or relevance of the evidence to a criminal action; or

(D) a search warrant issued by a magistrate.

(3) An offense under this section is a Class C misdemeanor if it is shown on the trial of the offense that the governmental record is a governmental record that is required for enrollment of a student in a school district and was used by the actor to establish the residency of the student.

(4) An offense under this section is a Class B misdemeanor if it is shown on the trial of the offense that the governmental record is a written appraisal filed with an appraisal review board under Section 41.43(a-1), Tax Code, that was performed by a person who had a contingency interest in the outcome of the appraisal review board hearing.

(5) An offense under this section is a Class B misdemeanor if the governmental record is an application for a place on the ballot under Section 141.031, Election Code, and the actor knowingly provides false information under Subsection (a)(4)(G) of that section.

(6) An offense under this section is a Class A misdemeanor if the governmental record is a temporary tag issued under Chapter 502 or 503, Transportation Code.

(d) An offense under this section, if it is shown on the trial of the offense that the governmental record is described by Section 37.01(2)(D), is:

(1) a Class B misdemeanor if the offense is committed under Subsection (a)(2) or Subsection (a)(5) and the defendant is convicted of presenting or using the record;

(2) a felony of the third degree if the offense is committed under:

(A) Subsection (a)(1), (3), (4), or (6); or

(B) Subsection (a)(2) or (5) and the defendant is convicted of making the record; and

(3) a felony of the second degree, notwithstanding Subdivisions (1) and (2), if the actor's intent in committing the offense was to defraud or harm another.

(e) It is an affirmative defense to prosecution for possession under Subsection (a)(6) that the possession occurred in the actual discharge of official duties as a public servant.

(f) It is a defense to prosecution under Subsection (a)(1), (a)(2), or (a)(5) that the false entry or false information could have no effect on the government's purpose for requiring the governmental record.

(g) A person is presumed to intend to defraud or harm another if the person acts with respect to two or more of the same type of governmental records or blank governmental record forms and if each governmental record or blank governmental record form is a license, certificate, permit, seal, title, or similar document issued by government.

(h) If conduct that constitutes an offense under this section also constitutes an offense under Section 32.48 or 37.13, the actor may be prosecuted under any of those sections.

(i) With the consent of the appropriate local county or district attorney, the attorney general has concurrent jurisdiction with that consenting local prosecutor to prosecute an offense under this section that involves the state Medicaid program.

(j) It is not a defense to prosecution under Subsection (a)(2) that the record, document, or thing made, presented, or used displays or contains the statement "NOT A GOVERNMENT DOCUMENT" or another substantially similar statement intended to alert a person to the falsity of the record, document, or thing, unless the record, document, or thing displays the statement diagonally printed clearly and indelibly on both the front and back of the record, document, or thing in solid red capital letters at least one-fourth inch in height.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1989, 71st Leg., ch. 1248, Sec. 66, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 113, Sec. 4, eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 565, Sec. 5, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 189, Sec. 6, eff. May 21, 1997; Acts 1997, 75th Leg., ch. 823, Sec. 4, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 659, Sec. 2, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 718, Sec. 1, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 771, Sec. 3, eff. June 13, 2001; Acts 2003, 78th Leg., ch. 198, Sec. 2.139, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 257, Sec. 16, eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch. 1364 (H.B. 126), Sec. 1, eff. June 18, 2005.

Acts 2007, 80th Leg., R.S., Ch. 1085 (H.B. 3024), Sec. 2, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch. 73 (H.B. 1813), Sec. 1, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch. 1130 (H.B. 2086), Sec. 31, eff. September 1, 2009.

Acts 2013, 83rd Leg., R.S., Ch. 510 (S.B. 124), Sec. 1, eff. September 1, 2013.

Acts 2015, 84th Leg., R.S., Ch. 690 (H.B. 644), Sec. 3, eff. September 1, 2015.

Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.087, eff. September 1, 2019.

Acts 2021, 87th Leg., R.S., Ch. 1006 (H.B. 4555), Sec. 3, eff. September 1, 2021.

Acts 2023, 88th Leg., R.S., Ch. 125 (H.B. 914), Sec. 3, eff. September 1, 2023.

Notes of Decisions

Cited in 210 cases (25 in the last 5 years), 1984–2025 · leading case: Tottenham v. State, 285 S.W.3d 19 (Tex. App. 2009).

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Tottenham v. State, 285 S.W.3d 19 (Tex. App. 2009). · cites it 19× “Tex. Penal Code Ann. § 37.10 (a)(2) (Vernon Supp.”

Wingo v. State, 143 S.W.3d 178 (Tex. App. 2004). · cites it 6× “Tex Pen.Code Ann. § 37.10©(1) (Vernon 2003).”

Gonzalez v. Trevino, 602 U.S. 653 (2024). · cites it 4× “” Tex. Penal Code Ann. §§ 37.10 (a)(3), (c)(1) (West Cum.”

Ford v. State, 305 S.W.3d 530 (Tex. Crim. App. 2009). · cites it 2× “" [34] TEX. PENAL CODE § 37.10 (Tampering with Governmental Record); TEX.”

State v. Vasilas, 187 S.W.3d 486 (Tex. Crim. App. 2006). · cites it 4× “The State then charged Appellee in a four-count indictment of tampering with a governmental record pursuant to Tex. Penal Code § 37.10, alleging that he made three false entries in the petition for expunction.”

Lopez v. State, 25 S.W.3d 926 (Tex. App. 2000). · cites it 6× “CHARGING INSTRUMENT In issue one, appellant asserts the charging instrument did not allege a criminal offense because it described conduct that is not an offense under Texas Penal Code section 37.10. In issue two, appellant asserts that, if an offense is charged by the charging…”

Texas Dep't of Pub. Saf. v. Caruana, 363 S.W.3d 558 (Tex. 2012). · cites it 4× “Laws 883 , 948, codified as TEX. PENAL CODE § 37.10 ("A person commits an offense if he: (1) knowingly makes a false entry in, or false alteration of, a governmental record .”

Elrod, Gordon Heath, 538 S.W.3d 551 (Tex. Crim. App. 2017). · cites it 2× “" 2 Tex. Penal Code § 37.10(a) provides, "A person commits an offense if he: .”

Gonzalez v. Trevino, 602 U.S. 653 (2024). · cites it 5× “” Tex. Penal Code Ann. §§37.10 (a)(3), (c)(1) (West Cum.”

State v. Vasilas, 253 S.W.3d 268 (Tex. Crim. App. 2008). · cites it 3× “First, he asserted that Texas Penal Code Section 37.10 and Texas Rule of Civil Procedure 13 are in pari materia, and that Rule 13 controls over Section 37.”

Gonzalez v. Trevino, 42 F.4th 487 (5th Cir. 2022). · cites it 2× “Wright determined that Gonzalez committed a violation of Texas Penal Code §§ 37.10(a)(3) and (c)(1), which provide that “[a] person commits an offense if he .”

Thornton, Gregory, 425 S.W.3d 289 (Tex. Crim. App. 2014). “” See Tex. Penal Code § 37.10(a). In each of the six subsections delineating the categories of conduct that can result in criminal liability under that statute, the Legislature either provided a culpable mental state immediately preceding the actus reus, e.”

Show all 210 citing cases →

— Tex. Penal Code § 37.10(2)(a) — 1 case

Desilets, Paul Ray (Tex. App. 2015).

— Tex. Penal Code § 37.10(a) — 15 cases

Elrod, Gordon Heath, 538 S.W.3d 551 (Tex. Crim. App. 2017). “" 2 Tex. Penal Code § 37.10(a) provides, "A person commits an offense if he: .”

Zarzana v. Ashley, 218 S.W.3d 152 (Tex. App. 2007).

City of Houston v. Cotton, 171 S.W.3d 541 (Tex. App. 2005).

Anita Connally v. Dallas Indep. Sch. Dist., 506 S.W.3d 767 (Tex. App. 2016).

— Tex. Penal Code § 37.10(a)(1) — 26 cases

Wingo v. State, 143 S.W.3d 178 (Tex. App. 2004). “Tex Pen.Code Ann. § 37.10©(1) (Vernon 2003).”

Brazos Elec. Power Coop., Inc. v. Texas Comm'n on Env't Quality & Richard A. Hyde, Exec. Dir. of the Texas Comm'n on Env't Quality, 576 S.W.3d 374 (Tex. 2019).

Hill v. Burnet Cnty. Sheriff's Dep't, 96 S.W.3d 436 (Tex. App. 2002).

Alief Indep. Sch. Dist., Dan Turner & Henry Bonaparte v. Troy Perry, 440 S.W.3d 228 (Tex. App. 2013).

Pokladnik v. State, 876 S.W.2d 525 (Tex. App. 1994).

— Tex. Penal Code § 37.10(a)(2) — 17 cases

Tottenham v. State, 285 S.W.3d 19 (Tex. App. 2009). “Tex. Penal Code Ann. § 37.10 (a)(2) (Vernon Supp.”

Kirkpatrick v. State, 279 S.W.3d 324 (Tex. Crim. App. 2009).

Morales v. State, 11 S.W.3d 460 (Tex. App. 2000).

Cook v. State, 824 S.W.2d 334 (Tex. App. 1992).

State v. Borden, 787 S.W.2d 109 (Tex. App. 1990).

— Tex. Penal Code § 37.10(a)(3) — 5 cases

Gonzalez v. Trevino, 42 F.4th 487 (5th Cir. 2022). “Wright determined that Gonzalez committed a violation of Texas Penal Code §§ 37.10(a)(3) and (c)(1), which provide that “[a] person commits an offense if he .”

Davis v. Burnam, 137 S.W.3d 325 (Tex. App. 2004).

Carpenter v. State, 952 S.W.2d 1 (Tex. App. 1997).

Okere v. Apex Fin. Corp., 930 S.W.2d 146 (Tex. App. 1996).

Frank C. Powell v. Kevin Alan Fletcher (Tex. App. 2024).

— Tex. Penal Code § 37.10(a)(4) — 2 cases

Lopez v. State, 25 S.W.3d 926 (Tex. App. 2000). “CHARGING INSTRUMENT In issue one, appellant asserts the charging instrument did not allege a criminal offense because it described conduct that is not an offense under Texas Penal Code section 37.10. In issue two, appellant asserts that, if an offense is charged by the charging…”

Alfaro-Jimenez v. State, 577 S.W.3d 240 (2019).

— Tex. Penal Code § 37.10(a)(5) — 15 cases

Wingo v. State, 143 S.W.3d 178 (Tex. App. 2004). “Tex Pen.Code Ann. § 37.10©(1) (Vernon 2003).”

State v. Vasilas, 253 S.W.3d 268 (Tex. Crim. App. 2008). “First, he asserted that Texas Penal Code Section 37.10 and Texas Rule of Civil Procedure 13 are in pari materia, and that Rule 13 controls over Section 37.”

State v. Vasilas, 198 S.W.3d 480 (Tex. App. 2006).

Sanders, Priscilla (Tex. App. 2015).

Alfaro-Jimenez v. State, 577 S.W.3d 240 (2019).

— Tex. Penal Code § 37.10(a)(6) — 1 case

Ex Parte Vicente Godinez (Tex. App. 2014).

— Tex. Penal Code § 37.10(a)(l) — 4 cases

Alejandro v. Robstown Indep. Sch. Dist., 131 S.W.3d 663 (Tex. App. 2004).

Yusuf Elias Farran v. Canutillo Indep. Sch. Dist., 420 S.W.3d 65 (Tex. App. 2012).

Jordan, Raleigh (Tex. 2015).

— Tex. Penal Code § 37.10(b) — 1 case

McElroy v. State, 667 S.W.2d 856 (Tex. App. 1984).

— Tex. Penal Code § 37.10(c) — 5 cases

Texas Dep't of Pub. Saf. v. Caruana, 363 S.W.3d 558 (Tex. 2012). “Laws 883 , 948, codified as TEX. PENAL CODE § 37.10 ("A person commits an offense if he: (1) knowingly makes a false entry in, or false alteration of, a governmental record .”

Texas Dep't of Human Servs. v. Green, 855 S.W.2d 136 (Tex. App. 1993).

Martinez v. State, 6 S.W.3d 674 (Tex. App. 1999).

Pablo Alfaro-Jimenez v. State (Tex. App. 2017).

James Edward Mott v. State (Tex. App. 2010).

— Tex. Penal Code § 37.10(c)(1) — 8 cases

EX PARTE Eric Michael HEILMAN, Appellee, 456 S.W.3d 159 (Tex. Crim. App. 2015).

State v. Collier, 285 S.W.3d 133 (Tex. App. 2009).

Alfaro-Jimenez v. State, 577 S.W.3d 240 (2019).

John Chambers v. State (Tex. App. 2020).

Pablo Alfaro-Jimenez v. State (Tex. App. 2017).

— Tex. Penal Code § 37.10(c)(2) — 3 cases

Elrod, Gordon Heath, 538 S.W.3d 551 (Tex. Crim. App. 2017). “" 2 Tex. Penal Code § 37.10(a) provides, "A person commits an offense if he: .”

Tottenham v. State, 285 S.W.3d 19 (Tex. App. 2009). “Tex. Penal Code Ann. § 37.10 (a)(2) (Vernon Supp.”

Earl Tottenham v. State (Tex. App. 2009).

— Tex. Penal Code § 37.10(c)(2)(A) — 2 cases

Desir v. State, 543 S.W.3d 865 (Tex. App. 2018).

Alfaro-Jimenez v. State, 577 S.W.3d 240 (2019).

— Tex. Penal Code § 37.10(d) — 1 case

Martinez v. State, 6 S.W.3d 674 (Tex. App. 1999).

— Tex. Penal Code § 37.10(d)(3) — 1 case

Alfaro-Jimenez v. State, 577 S.W.3d 240 (2019).

— Tex. Penal Code § 37.10(f) — 7 cases

Reginald Johnson v. Clare Crook, 565 F. App'x 287 (5th Cir. 2014).

Ex Parte Polley, 255 S.W.3d 221 (Tex. App. 2008).

Kathryn Forkert v. State (Tex. App. 2007).

Eric Baumgart v. State (Tex. App. 2015).

— Tex. Penal Code § 37.10(g) — 2 cases

Tottenham v. State, 285 S.W.3d 19 (Tex. App. 2009). “Tex. Penal Code Ann. § 37.10 (a)(2) (Vernon Supp.”

Earl Tottenham v. State (Tex. App. 2009).

— Tex. Penal Code § 37.10(i) — 2 cases

Stephens, Zena Collins (Tex. Crim. App. 2021).

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