A person commits an offense by using or claiming to hold a military record the person knows is fraudulent, fictitious, unassigned, or revoked, when doing so in business promotion or to gain specified benefits.
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 437.001, 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knows: (A) is fraudulent; (B) is fictitious or has otherwise not been granted or assigned to the person; or (C) has been revoked; and (2) uses or claims to hold that military record: (A) in a written or oral advertisement or other promotion of a business; or (B) with the intent to: (i)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 military 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 B 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. Added by Acts 2011, 82nd Leg., R.S., Ch. 386 (S.B. 431), Sec. 1, eff. September 1, 2011. Amended by: Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 3.19, eff. September 1, 2013. Acts 2015, 84th Leg., R.S., Ch. 6 (S.B. 835), Sec. 1, eff. September 1, 2015. Acts 2023, 88th Leg., R.S., Ch. 1100 (S.B. 1376), Sec. 10, eff. September 1, 2023.