Texas Codes

Tex. Transp. Code § 521.456 (2026)

Delivery Or Manufacture Of Counterfeit Instrument

✓ current as of May 2026

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Sec. 521.456. DELIVERY OR MANUFACTURE OF COUNTERFEIT INSTRUMENT. (a) A person commits an offense if the person possesses with the intent to sell, distribute, or deliver a forged or counterfeit instrument that is not printed, manufactured, or made by or under the direction of, or issued, sold, or circulated by or under the direction of, a person, board, agency, or authority authorized to do so under this chapter or under the laws of the United States, another state, or a Canadian province. An offense under this subsection is a Class A misdemeanor.

(b) A person commits an offense if the person manufactures or produces with the intent to sell, distribute, or deliver a forged or counterfeit instrument that the person knows is not printed, manufactured, or made by or under the direction of, or issued, sold, or circulated by or under the direction of, a person, board, agency, or authority authorized to do so under this chapter or under the laws of the United States, another state, or a Canadian province. An offense under this subsection is a felony of the third degree.

(c) A person commits an offense if the person possesses with the intent to use, circulate, or pass a forged or counterfeit instrument that is not printed, manufactured, or made by or under the direction of, or issued, sold, or circulated by or under the direction of, a person, board, agency, or authority authorized to do so under this chapter or under the laws of the United States, another state, or a Canadian province. An offense under this subsection is a Class C misdemeanor.

(d) For purposes of this section, "instrument" means a driver's license, driver's license form, personal identification certificate, stamp, permit, license, official signature, certificate, evidence of fee payment, or any other instrument.

(e) If conduct constituting an offense under this section also constitutes an offense under another law, the actor may be prosecuted under this section, the other law, or both.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.99, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 823, Sec. 2, eff. Sept. 1, 1997.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1130 (H.B. 2086), Sec. 34, eff. September 1, 2009.

Notes of Decisions

Cited in 6 cases, 2000–2015 · leading case: John Acosta v. State, 411 S.W.3d 76 (Tex. App. 2013).

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John Acosta v. State, 411 S.W.3d 76 (Tex. App. 2013). · cites it 4× “See Tex. Transp. Code Ann. § 521.456 (b) (West 2013) (setting forth offense of delivery or manufacture of counterfeit instrument).”

Ali v. State, 26 S.W.3d 82 (Tex. App. 2000). · cites it 2× “Tex. TRAnsp. Code Ann. § 521.456 (Vernon 1999) (emphasis added).”

State v. Allen, 346 S.W.3d 713 (Tex. App. 2011). “See Tex. Transp. Code Ann. § 521.456 (West Supp.”

Michael Shawn Ryals v. State, 470 S.W.3d 141 (Tex. App. 2015). “) (discussing elements of Tex. Transp. Code § 521.456(b), which sets forth the offense of delivery or manufacture of counterfeit instrument).”

Ralph Joseph Bianchi v. State (Tex. App. 2004). · cites it 2× “In two points of error, appellant contends that the trial court erred in denying appellant’s motion to suppress evidence and the trial court lacked jurisdiction over his case because Texas Transportation Code section 521.456 controls over the provision of Texas Penal Code…”

State v. Jeffery Porter Allen (Tex. App. 2011). “See Tex. Transp. Code Ann. § 521.456 (West Supp.”

— Tex. Transp. Code § 521.456(b) — 1 case

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