S.B. No. 124
 
 
 
 
AN ACT
  relating to the punishment for the offense of tampering with
  certain governmental records based on certain reporting for school
  districts and open-enrollment charter schools.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subdivision (2), Subsection (c), Section 37.10,
  Penal Code, is amended to read as follows:
               (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 Section 42.006, Education
  Code, under a law or rule requiring that reporting, or [was] 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; or
                     (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.
         SECTION 2.  Subsection (d), Section 39.03, Penal Code, is
  amended to read as follows:
         (d)  An offense under this section is a Class A misdemeanor,
  except that an offense is a felony of the third degree if the public
  servant acted with the intent to impair the accuracy of data
  reported to the Texas Education Agency through the Public Education
  Information Management System (PEIMS) described by Section 42.006,
  Education Code, under a law requiring that reporting.
         SECTION 3.  The change in law made by this Act applies only
  to an offense committed on or after the effective date of this Act.
  An offense committed before the effective date of this Act is
  governed by the law in effect on the date the offense was committed,
  and the former law is continued in effect for that purpose. For
  purposes of this section, an offense was committed before the
  effective date of this Act if any element of the offense occurred
  before that date.
         SECTION 4.  This Act takes effect September 1, 2013.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 124 passed the Senate on
  April 3, 2013, by the following vote: Yeas 31, Nays 0; and that
  the Senate concurred in House amendment on May 23, 2013, by the
  following vote: Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 124 passed the House, with
  amendment, on May 20, 2013, by the following vote: Yeas 145,
  Nays 0, one present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor