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New Laws Effective September 1, 2011 - Using or Claiming to Hold Fraudulent Military Record

This is the first in the series of new laws enacted by the Texas Legislature. These laws take effect September 1, 2011

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter D, Chapter 32, Penal Code, is amended by adding Section 32.54 to read as follows:

Sec. 32.54. FRAUDULENT OR FICTITIOUS MILITARY RECORD. (a) In this section:

(1) "Military record" means an enlistment record, occupation specialty, medal, award, decoration, or certification obtained by a person through the person’s service in the armed forces of the United States or the state military forces.

(2) "State military forces" has the meaning assigned by Section 431.001, Government Code.

(b) A person commits an offense if the person:

(1) uses or claims to hold a military record that the person knows: (A) is fraudulent; (B) is fictitious or has otherwise not been granted or assigned to the person; or (C) has been revoked; and

(2) uses or claims to hold that military record: (A) in a written or oral advertisement or other promotion of a business; or (B) with the intent to: (i) obtain priority in receiving services or resources under Subchapter G, Chapter 302, Labor Code; (ii) qualify for a veteran’s employment preference under Chapter 657, Government Code; (iii) obtain a license or certificate to practice a trade, profession, or occupation; (iv) obtain a promotion, compensation, or other benefit, or an increase in compensation or other benefit, in employment or in the practice of a trade, profession, or occupation; (v) obtain a benefit, service, or donation from another person; (vi) obtain admission to an educational program in this state; or (vii) gain a position in state government with authority over another person, regardless of whether the actor receives compensation for the position.

(c) An offense under this section is a Class C misdemeanor.

(d) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section or the other law.

SECTION 2. This Act takes effect September 1, 2011.

If you are seeking aggressive criminal representation by an experienced criminal defense attorney for your DWI case or arrest in Denton County, contact the offices of Tim Powers today. There is no charge or obligation for the initial consultation. 940.483.8000.

*Tim Powers is an attorney licensed to practice law by the Supreme Court of Texas. Nothing in this article is intended to be legal advice. For legal advice about any specific legal question you should directly consult an attorney."