Section 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.Amended by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 125,Sec. 3, eff. 9/1/2023, app. only to an offense committed on or after the effective date of this Act.Amended by Acts 2021, Texas Acts of the 87th Leg. - Regular Session, ch. 1006,Sec. 3, eff. 9/1/2021.Amended by Acts 2019, Texas Acts of the 86th Leg.- Regular Session, ch. 943,Sec. 3.087, eff. 9/1/2019.Amended by Acts 2015, Texas Acts of the 84th Leg. - Regular Session, ch. 690,Sec. 3, eff. 9/1/2015.Amended by Acts 2013, 83rd Leg. - Regular Session, ch. 510,Sec. 1, eff. 9/1/2013.Amended By Acts 2009, 81st Leg., R.S., Ch. 73, Sec. 1, eff. 9/1/2009.Amended By Acts 2009, 81st Leg., R.S., Ch. 1130, Sec. 31, eff. 9/1/2009.Amended By Acts 2007, 80th Leg., R.S., Ch. 1085, Sec. 2, eff. 9/1/2007.Amended By Acts 2005, 79th Leg., Ch. 1364, Sec. 1, eff. 6/18/2005.Amended By Acts 2003, 78th Leg., ch. 198, Sec. 2.139, eff. 9/1/2003Amended By Acts 2003, 78th Leg., ch. 257, Sec. 16, eff. 9/1/2003.Amended By Acts 2001, 77th Leg., ch. 771, Sec. 3, eff. 6/13/2001Amended By Acts 1999, 76th Leg., ch. 659, Sec. 2, eff. 9/1/1999Amended By Acts 1999, 76th Leg., ch. 718, Sec. 1, eff. 9/1/1999Amended By Acts 1997, 75th Leg., ch. 823, Sec. 4, eff. 9/1/1997Amended By Acts 1997, 75th Leg., ch. 189, Sec. 6, eff. 5/21/1997Amended By Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. 9/1/1994Amended By Acts 1991, 72nd Leg., ch. 113, Sec. 4, eff. 9/1/1991Amended By Acts 1991, 72nd Leg., ch. 565, Sec. 5, eff. 9/1/1991Amended by Acts 1989, 71st Leg., ch. 1248, Sec. 66, eff. 9/1/1989 Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. 1/1/1974.