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2005 Texas Business & Commerce Code CHAPTER 16. TRADEMARKS
BUSINESS & COMMERCE CODE CHAPTER 16. TRADEMARKS SUBCHAPTER A. GENERAL PROVISIONS § 16.01. DEFINITIONS. (a) In this chapter, unless the context requires a different definition, (1) "applicant" means the person applying for registration of a mark under this chapter and includes his legal representative, successor, assignee, and predecessor in title to the mark sought to be registered; (2) "mark" includes service mark and trademark; (3) "registrant" means the person to whom a registration has been issued under this chapter and includes his legal representative, successor, assignee, and predecessor in title to the registration; (4) "service mark" means a word, name, symbol, device, slogan or any combination thereof which, whether registered or not, has been adopted and used by a person to identify his services and distinguish them from the services of others, and includes the titles, designations, character names, and distinctive features of broadcast or other advertising; (5) "trademark" means a word, name, symbol, device, slogan or any combination thereof which, whether registered or not, has been adopted and used by a person to identify his goods and distinguish them from the goods manufactured or sold by others; and (6) "trade name" includes individual name, surname, firm name, corporate name, and lawfully adopted name or title used by a person to identify his business, vocation, or occupation. (b) This chapter does not apply to the registration or use of livestock brands or other indicia of ownership of goods which do not qualify as a "mark" as defined in this chapter. Acts 1967, 60th Leg., p. 2343, ch. 785, § 1. § 16.02. WHEN MARK CONSIDERED TO BE USED. (a) A mark is considered to be used in this state in connection with goods when (1) it is placed on (A) the goods; (B) containers of the goods; (C) displays associated with the goods; or (D) tags or labels affixed to the goods; and (2) the goods are sold, displayed for sale, or otherwise publicly distributed in this state. (b) A mark is considered to be used in this state in connection with services when (1) it is used or displayed in this state in connection with selling or advertising the services; and (2) the services are rendered in this state. Acts 1967, 60th Leg., p. 2343, ch. 785, § 1.SUBCHAPTER B. REGISTRATION OF MARK § 16.08. REGISTRABLE MARKS. (a) A mark in actual use in connection with the applicant's goods or services, which distinguishes his goods or services from those of others, is registrable unless it (1) is, or includes matter which is, immoral, deceptive, or scandalous; (2) may disparage, or falsely suggest a connection with, or bring into contempt or disrepute (A) a person, whether living or dead; (B) an institution; (C) a belief; or (D) a national symbol; (3) depicts or simulates the flag, coat of arms, or other insignia of (A) the United States; (B) a state; (C) a municipality; or (D) a foreign nation; (4) is or includes the name, signature, or portrait of a living individual who has not consented in writing to its registration; (5) is (A) merely descriptive or deceptively misdescriptive of the applicant's goods or services; (B) primarily geographically descriptive or deceptively misdescriptive of the applicant's goods or services; or (C) primarily merely a surname; or (6) is likely to cause confusion or mistake, or to deceive, because, when applied to the applicant's goods or services, it resembles another person's unabandoned mark registered in this state. (b) Subsection (a)(5) of this section does not prevent the registration of a mark that has become distinctive as applied to the applicant's goods or services. The secretary of state may accept as evidence that a mark has become distinctive as applied to the applicant's goods or services proof of substantially exclusive and continuous use of the mark by the applicant in this state for the five years next preceding the date on which the applicant filed his application for registration. (c) A trade name is not registrable under this chapter. However, if a trade name is also a service mark or trademark, as defined in this chapter, it is registrable as a service mark or trademark. Acts 1967, 60th Leg., p. 2343, ch. 785, § 1. § 16.09. CLASSIFICATION OF GOODS AND SERVICES. (a) The secretary of state shall adopt rules establishing a classification of goods and services for the convenient administration of this chapter. The classifications established do not limit or expand an applicant's or registrant's rights. To the extent practicable, the classification of goods and services should conform to the classification adopted by the United States Patent and Trademark Office. (b) An applicant may include in a single application for registration of a mark all goods or services in connection with which the mark is actually being used and which are in a single class. An applicant may not include in a single application for registration goods or services which are not in a single class. Acts 1967, 60th Leg., p. 2343, ch. 785, § 1. Amended by Acts 1989, 71st Leg., ch. 865, § 1, eff. Sept. 1, 1989; Acts 2003, 78th Leg., ch. 168, § 1, eff. Sept. 1, 2003. § 16.10. APPLICATION FOR REGISTRATION. (a) Subject to the limitations prescribed by this chapter, a person may file an application to register a mark in the office of the secretary of state on a form prescribed by the secretary of state. (b) The applicant shall include in the application: (1) the name and business address of the applicant; (2) if the applicant is a corporation, limited partnership, limited liability company, or other business entity, the state of incorporation or organization; (3) an appointment of the secretary of state as the applicant's agent for service of process only in suits relating to the registration which may be issued if the applicant: (A) is or becomes a: (i) nonresident individual, partnership, or association; or (ii) foreign corporation, limited partnership, or limited liability company without a certificate of authority to do business in this state; or (B) cannot be found in this state; (4) the names or a description of the goods or services in connection with which the mark is being used; (5) the manner in which the mark is being used in connection with the goods or services; (6) the class in which the applicant believes the goods or services belong; (7) the date on which the applicant first used the mark anywhere in connection with the goods or services; (8) the date on which the applicant first used the mark in this state in connection with the goods or services; (9) a statement that the applicant is the owner of the mark, and that, to the best of the applicant's knowledge, no other person is entitled to use the mark in this state: (A) in the identical form used by the applicant; or (B) in a form that is likely, when used in connection with the goods or services, to cause confusion or mistake, or to deceive, because of its resemblance to the mark used by the applicant; (10) a narrative description of the mark; and (11) such additional information or documents as the secretary of state may reasonably require. (c) The applicant shall: (1) prepare and file the application and a copy of the application with the secretary of state; and (2) submit as part of the application to the secretary of state: (A) two identical specimens or facsimiles of the mark as actually used, one specimen or facsimile with the original application and one specimen or facsimile with the copy; (B) a drawing of the mark that complies with any requirement specified by the secretary of state; and (C) an application fee of $50 payable to the secretary of state. (d) The applicant or the applicant's agent shall sign the application. Acts 1967, 60th Leg., p. 2343, ch. 785, § 1. Amended by Acts 1979, 66th Leg., p. 233, ch. 120, § 47, eff. May 9, 1979; Acts 1983, 68th Leg., p. 313, ch. 69, § 6, eff. Sept. 1, 1983; Acts 1987, 70th Leg., ch. 1007, § 6, eff. June 19, 1987; Acts 1997, 75th Leg., ch. 248, § 1, eff. Sept. 1, 1997. § 16.105. EXAMINATION OF APPLICATION. (a) On the filing of an application for registration and payment of the application fee, the secretary of state shall examine the application for compliance with this chapter. (b) The applicant shall provide to the secretary of state additional pertinent information requested by the secretary of state. (c) The secretary of state shall examine applications in the order in which the applications are filed, including applications concurrently processed for registration of the same or confusingly similar marks used in connection with the same or similar goods or services. Added by Acts 1997, 75th Leg., ch. 248, § 2, eff. Sept. 1, 1997. § 16.106. AMENDMENT TO APPLICATION. (a) The applicant may make an amendment to the application as reasonably requested by the secretary of state or in response to a rejection or objection to the registration by the secretary of state. (b) An amendment to the application, other than an amendment to the date on which the applicant first uses the mark, may be made by the applicant's agent. The secretary of state may require the applicant to execute and submit a new application instead of making an amendment. (c) An amendment to the application made to the date on which the applicant first used the mark may not specify a date of use that is after the date on which the application was filed. Added by Acts 1997, 75th Leg., ch. 248, § 2, eff. Sept. 1, 1997. § 16.107. DISCLAIMER OF UNREGISTRABLE COMPONENT. The secretary of state may require the applicant to disclaim or the applicant may voluntarily disclaim an unregistrable component of a mark that is otherwise registrable. A disclaimer may not prejudice or affect the: (1) rights of the applicant or registrant in the disclaimed matter; or (2) rights of the applicant or registrant to make an application to register a mark if the disclaimed matter is distinctive of the goods or services of the applicant or registrant. Added by Acts 1997, 75th Leg., ch. 248, § 2, eff. Sept. 1, 1997. § 16.108. CONCURRENT APPLICATIONS FOR SAME OR SIMILAR MARK. (a) When concurrently processing applications for the same or confusingly similar marks used in connection with the same or similar goods or services, the secretary of state shall give priority to the application that was filed first. If the previously filed application is registered, the secretary of state shall reject the other application. (b) The applicant may bring an action for cancellation of the previously issued registration on the ground that the applicant has a prior or superior right to the mark under this chapter. Added by Acts 1997, 75th Leg., ch. 248, § 2, eff. Sept. 1, 1997. § 16.109. DENIAL OF REGISTRATION. (a) If the secretary of state finds that the applicant is not entitled to register the mark, the secretary of state shall: (1) notify the applicant of the reason for the denial of the application; and (2) give the applicant a reasonable amount of time as prescribed by the secretary of state in which to: (A) issue a response to the denial; or (B) amend the application. (b) The applicant may repeat the examination procedures described by Subsection (a) until the earlier of: (1) the expiration of the period prescribed by the secretary of state under Subsection (a)(2); or (2) the date on which the secretary of state finally refuses registration of the application. (c) If the secretary of state finally refuses registration of the mark, the applicant may seek a review of the decision of the secretary of state in accordance with the procedures prescribed by this chapter. Added by Acts 1997, 75th Leg., ch. 248, § 2, eff. Sept. 1, 1997. § 16.11. REGISTRATION BY SECRETARY OF STATE. If the application satisfies the requirements of this chapter, and the application fee has been paid, the secretary of state shall: (1) endorse on the original and the copy of the application: (A) the word "filed"; and (B) the date on which the application was filed; (2) file the original in his office; (3) issue a certificate of registration evidencing registration on the date on which the application was filed; (4) attach the copy to the certificate of registration; and (5) deliver the certificate of registration with the attached copy of the application to the applicant. Acts 1967, 60th Leg., p. 2343, ch. 785, § 1. Amended by Acts 1979, 66th Leg., p. 233, ch. 120, § 48, eff. May 9, 1979; Acts 1997, 75th Leg., ch. 248, § 3, eff. Sept. 1, 1997. § 16.12. TERM OF REGISTRATION. (a) The registration of a mark under this chapter is effective for a term of 10 years from the date of registration. (b) Repealed by Acts 1997, 75th Leg., ch. 248, § 8, eff. Sept. 1, 1997. Acts 1967, 60th Leg., p. 2343, ch. 785, § 1. Amended by Acts 1997, 75th Leg., ch. 248, § 8, eff. Sept. 1, 1997. § 16.13. NOTICE OF EXPIRATION OF REGISTRATION. (a) During the period beginning 12 months and ending 6 months before the day a registration expires, the secretary of state shall, by writing to the last known address of the registrant under this chapter or under a prior act, notify the registrant of the necessity for renewing or reregistering under Section 16.14 of this code. (b) Neither the secretary of state's failure to notify a registrant nor the registrant's nonreceipt of a notice under Subsection (a) of this section (1) extends the term of a registration; or (2) excuses the registrant's failure to renew or reregister. Acts 1967, 60th Leg., p. 2343, ch. 785, § 1. § 16.14. RENEWAL OF REGISTRATION AND REREGISTRATION. (a) The registration of a mark under this chapter may be renewed for an additional 10-year term by filing a renewal application within six months before the day the registration expires. The registrant shall submit to the secretary of state: (1) a renewal application stating that: (A) the mark is still in use in this state; or (B) nonuse of the mark in this state: (i) is due to special circumstances which excuse the nonuse; and (ii) is not due to an intention to abandon the mark in this state; and (2) a renewal application fee of $25 payable to the secretary of state. (b) A registrant may renew a registration under Subsection (a) of this section for successive terms of 10 years. (c) Repealed by Acts 1997, 75th Leg., ch. 248, § 8, eff. Sept. 1, 1997. (d) The renewal application must be signed by the registrant or the registrant's agent. Acts 1967, 60th Leg., p. 2343, ch. 785, § 1. Amended by Acts 1983, 68th Leg., p. 313, ch. 69, § 7, eff. Sept. 1, 1983; Acts 1997, 75th Leg., ch. 248, § 4, 8, eff. Sept. 1, 1997. § 16.15. RECORD, NOTICE, AND PROOF OF REGISTRATION. (a) The secretary of state shall keep for public examination a record of all: (1) marks registered, reregistered, or renewed under this chapter; (2) assignments recorded under Section 16.18 of this code; and (3) other instruments recorded under Section 16.19 of this code. (b) Registration of a mark under this chapter is constructive notice throughout this state of the registrant's claim of ownership of the mark throughout this state. (c) A certificate of registration issued by the secretary of state under this chapter, or a copy of it certified by the secretary of state, is admissible in evidence as prima facie proof of (1) the validity of the registration; (2) the registrant's ownership of the mark; and (3) the registrant's exclusive right to use the mark in commerce in this state in connection with the goods or services specified in the certificate, subject to any conditions and limitations stated in the certificate. Acts 1967, 60th Leg., p. 2343, ch. 785, § 1. Amended by Acts 1997, 75th Leg., ch. 248, § 5, eff. Sept. 1, 1997. § 16.16. CANCELLATION OF REGISTRATION. (a) The secretary of state shall cancel (1) all registrations in force before May 2, 1962, which are more than 10 years old and which have not been reregistered under Section 16.14(c) of this code; (2) a registration on receipt of a voluntary request for cancellation from the registrant under this chapter or under a prior act as identified by the records of the secretary of state; (3) registrations granted under this chapter and not renewed under Section 16.14(a) of this code; (4) a registration concerning which a district or appellate court has rendered a final judgment, which has become unappealable, cancelling the registration or finding that (A) the registered mark has been abandoned; (B) the registrant under this chapter or under a prior act is not the owner of the mark; (C) the registration was granted contrary to the provisions of this chapter; (D) the registration was obtained fraudulently; or (E) the registered mark has become incapable of serving as a mark. (b) The clerk of the court whose final judgment cancels a registration or makes any of the findings specified in Subsection (a)(4) of this section shall, when the judgment becomes unappealable, transmit a certified copy of it to the secretary of state. Acts 1967, 60th Leg., p. 2343, ch. 785, § 1. § 16.17. ASSIGNMENT OF MARK AND REGISTRATION. (a) A mark and its registration under this chapter are assignable with the goodwill of the business in which the mark is used, or with that part of the goodwill connected with the use of, and symbolized by, the mark. (b) An assignment shall be made by duly executed written instrument. Acts 1967, 60th Leg., p. 2343, ch. 785, § 1. § 16.18. RECORDATION OF ASSIGNMENT AND ITS EFFECT. (a) An assignment made under Section 16.17 of this code may be recorded with the secretary of state by (1) filing with him (A) the original assignment; and (B) a duplicate original or legible photocopy on durable paper of the assignment; and (2) paying him a fee of $10. (b) If an assignment has been properly filed for record under Subsection (a) of this section, the secretary of state shall (1) issue in the assignee's name a new certificate of registration for the remainder of the term of the mark's registration, reregistration, or last renewal; (2) endorse on the original and duplicate original assignment or photocopy the (A) words "Filed for record in the office of the Secretary of State, State of Texas"; and (B) date on which the assignment was filed for record; (3) file the duplicate original or photocopy of the assignment in his office; and (4) return the endorsed original assignment to the assignee or his representative. (c) The assignment of a mark registered under this chapter is void against a purchaser who purchases the mark for value after the assignment is made and without notice of it unless the assignment is recorded by the secretary of state (1) within three months after the date of the assignment; or (2) before the mark is purchased. Acts 1967, 60th Leg., p. 2343, ch. 785, § 1. Amended by Acts 1983, 68th Leg., p. 314, ch. 69, § 8, eff. Sept. 1, 1983. § 16.19. RECORDATION OF OTHER INSTRUMENTS. (a) An instrument that is related to the ownership of a mark registered under this subchapter, including articles of merger or conversion or a document effecting a name change, may be recorded with the secretary of state by: (1) filing a certified copy of the instrument; and (2) paying a filing fee in the amount established for the filing of an assignment under Section 16.18. (b) This section does not apply to the recording of a mortgage or a security interest or other instrument that is recordable under the Uniform Commercial Code. (c) A license agreement related to a mark registered under this chapter may not be recorded under this section. Added by Acts 1997, 75th Leg., ch. 248, § 6, eff. Sept. 1, 1997. § 16.20. TRANSFER OF MARK; CHANGE OF REGISTRANT'S NAME; CHANGE OF ADDRESS. (a) If ownership of a registered mark is transferred or a registrant's name is changed during the unexpired term of a registration, a new certificate of registration may be issued for the remainder of the unexpired term of the mark's registration in the name of the transferee or in the new name of the registrant upon the filing of an instrument under Section 16.19. (b) The secretary of state may amend the trademark records of an effective registration to reflect a change of registrant address upon receipt of a statement signed by the registrant or the registrant's agent. The statement must set forth the name of the registrant of record, a description of the registered mark, the registration number issued by the secretary of state, and the registrant's new address. Added by Acts 1997, 75th Leg., ch. 248, § 6, eff. Sept. 1, 1997. Amended by Acts 2003, 78th Leg., ch. 168, § 2, eff. Sept. 1, 2003. § 16.21. POWERS OF SECRETARY OF STATE. (a) The secretary of state may adopt rules relating to the filing of documents under this subchapter. (b) The secretary of state may prescribe forms for use in filing documents under this subchapter. Added by Acts 1997, 75th Leg., ch. 248, § 6, eff. Sept. 1, 1997. § 16.22. ELECTRONIC FILINGS AND REPRODUCTIONS. (a) An application for renewal of trademark registration, an assignment under Section 16.17, or a transfer of ownership or change of registrant name under Section 16.19 may be submitted in an electronic format that is approved by the secretary of state. An instrument that is filed in accordance with this subsection is deemed to have complied with: (1) the filing requirements of the section pursuant to which it is filed; and (2) any requirement that the document be submitted as an originally signed instrument. (b) All electronic acknowledgments and certificates required to be issued by the secretary of state for the instruments filed pursuant to Subsection (a) shall be considered issued or provided by the secretary of state on the initial transmission by the secretary of state of the acknowledgment or certificate required to be filed. (c) Any certificate issued by the secretary of state concerning any instrument filed under this subchapter need not be on paper or reduced to printed form. (d) If permitted by the rules adopted by the secretary of state, an original instrument required or authorized to be filed with the secretary of state under this subchapter may be a photographic, photostatic, facsimile, or similar reproduction of a signed instrument. (e) All civil and criminal penalties applicable to the filing of documents under this chapter apply to all documents filed pursuant to this section. Added by Acts 2003, 78th Leg., ch. 168, § 3, eff. Sept. 1, 2003.SUBCHAPTER C. COURT ACTION § 16.24. REVIEW OF SECRETARY OF STATE'S DECISIONS. (a) If the secretary of state takes final action refusing to register a mark under Section 16.109 or to renew the registration of a mark under Section 16.14, the applicant or registrant may file suit for review of the secretary of state's decision in one of the Travis County district courts. (b) A suit filed under Subsection (a) of this section is tried de novo, as an appeal from a justice court to a county court, and (1) every decision or action concerning an issue in the suit made or taken by the secretary of state before the suit was filed is void; (2) the district court shall determine the issues in the suit as if no decision had been made or action taken by the secretary of state; and (3) the district court may not apply in any form the substantial evidence rule in reviewing a decision or action of the secretary of state. (c) The legislature declares that (1) this section is not severable from the other sections of this chapter; (2) it would not have enacted this chapter without this section; and (3) this chapter is void if a court in a final judgment which becomes unappealable invalidates this section in whole or part. Acts 1967, 60th Leg., p. 2343, ch. 785, § 1. Amended by Acts 1999, 76th Leg., ch. 1215, § 1, eff. Sept. 1, 1999. § 16.25. SUIT TO CANCEL REGISTRATION. (a) A person who believes that he is or will be damaged by a registration under this chapter may sue to cancel the registration in a district court having venue. (b) The clerk of a court in which suit is filed under Subsection (a) of this section shall transmit notice of the suit to the secretary of state, who shall place the notice in the registration file with proper notations and endorsements. (c) When the registrant's agent for service of process is the secretary of state, the secretary of state shall forward notice of the suit by registered mail to the registrant at his last address of record. (d) If the court finds that the losing party in a suit filed under Subsection (a) of this section should have known his position was without merit, the court may award the successful party his reasonable attorneys' fees and charge them as part of the costs against the losing party. Acts 1967, 60th Leg., p. 2343, ch. 785, § 1. § 16.26. INFRINGEMENT OF REGISTERED MARK. (a) Subject to Section 16.27 of this code, a person commits an infringement if, without the registrant's consent, he (1) uses anywhere in this state a reproduction, counterfeit, copy, or colorable imitation of a mark registered under this chapter in connection with selling, offering for sale, or advertising goods or services when the use is likely to deceive or cause confusion or mistake as to the source or origin of the goods or services; or (2) reproduces, counterfeits, copies, or colorably imitates a mark registered under this chapter and applies the reproduction, counterfeit, copy, or colorable imitation to a label, sign, print, package, wrapper, receptacle, or advertisement intended to be used in selling, leasing, distributing, or rendering goods or services in this state when the use is likely to deceive or cause confusion or mistake as to the source or origin of the goods or services. (b) A registrant may sue for damages and to enjoin an infringement proscribed by Subsection (a) of this section in a district court having venue. (c) If the district court determines that there has been an infringement, it shall enjoin the act of infringement and may (1) require the infringer to pay the registrant all damages resulting from the acts of infringement and occurring from and after the date two years before the day the suit was filed; and (2) order that the infringing reproductions, counterfeits, copies, or colorable imitations in the possession or under the control of the infringer be (A) delivered to an officer of the court; (B) delivered to the registrant; or (C) destroyed. (d) A registrant is entitled to recover damages under Subsection (c)(1) of this section only for an infringement that occurred during the period of time the infringer had actual knowledge of the registrant's mark. Acts 1967, 60th Leg., p. 2343, ch. 785, § 1. § 16.27. EXCEPTIONS TO LIABILITY FOR INFRINGEMENT. (a) No registration under this chapter adversely affects common law rights acquired prior to registration under this chapter. However, during any period when the registration of a mark under this chapter is in force and the registrant has not abandoned the mark, no common law rights as against the registrant of the mark may be acquired. (b) The owner or operator of a radio or television station, or the owner or publisher of a newspaper, magazine, directory, or other publication, is not liable in that business under Section 16.26 of this code for the use of a registered mark furnished by one of his advertisers or customers. Acts 1967, 60th Leg., p. 2343, ch. 785, § 1. § 16.28. PROCURING APPLICATION OR REGISTRATION BY FRAUD. (a) No person may procure for himself or another the filing of an application or the registration of a mark under this chapter by knowingly making a false or fraudulent representation or declaration, oral or written, or by any other fraudulent means. (b) A person injured by the false or fraudulent procurement of an application or registration may sue the person who violated Subsection (a) of this section in a district court having venue and (1) recover from him damages resulting from use of the fraudulently registered mark, plus costs of suit, including attorneys' fees; and (2) have the registration cancelled. Acts 1967, 60th Leg., p. 2343, ch. 785, § 1. § 16.29. INJURY TO BUSINESS REPUTATION OR TRADE NAME OR MARK. A person may bring an action to enjoin an act likely to injure a business reputation or to dilute the distinctive quality of a mark registered under this chapter or Title 15, U.S.C., or a mark or trade name valid at common law, regardless of whether there is competition between the parties or confusion as to the source of goods or services. An injunction sought under this section shall be obtained pursuant to Rule 680 et seq. of the Texas Rules of Civil Procedure. Added by Acts 1989, 71st Leg., ch. 932, § 1, eff. June 14, 1989. § 16.30. OLYMPIC SYMBOLS. (a) Without the permission of the United States Olympic Committee, a person may not, for the purpose of trade, to induce the sale of goods or services, or to promote a theatrical exhibition, athletic performance, or competition, use: (1) the symbol of the International Olympic Committee, consisting of five interlocking rings; (2) the emblem of the United States Olympic Committee, consisting of an escutcheon having a blue chief and vertically extending red and white bars on the base with five interlocking rings displayed on the chief; (3) a trademark, trade name, sign, symbol, or insignia falsely representing association with or authorization by the International Olympic Committee or the United States Olympic Committee; or (4) the words "Olympic," "Olympiad," or "Citius Altius Fortius" or a combination or simulation of those words that tends to cause confusion or mistake, to deceive, or to suggest falsely a connection with the United States Olympic Committee or an Olympic activity. (b) On violation of Subsection (a), the United States Olympic Committee is entitled to the remedies available to a registrant on infringement of a mark registered under this chapter. Added by Acts 1995, 74th Leg., ch. 113, § 1, eff. Sept. 1, 1995. § 16.31. CRIMINAL PENALTY. (a) A person commits an offense if the person knowingly or intentionally signs and presents or causes to be presented for filing a document that may be or is required to be filed under this chapter and that: (1) indicates that the person signing the document has the authority to act on behalf of an applicant or registrant when the person is not authorized to act on behalf of the applicant or registrant; (2) contains a material false statement; or (3) is forged. (b) 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. Added by Acts 1997, 75th Leg., ch. 248, § 7, eff. Sept. 1, 1997.
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