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Texas Statutes (Last Updated: January 4, 2014) |
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PENAL CODE |
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Title 7. OFFENSES AGAINST PROPERTY |
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Chapter 32. FRAUD |
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Subchapter C. CREDIT |
Sec. 32.32. FALSE STATEMENT TO OBTAIN PROPERTY OR CREDIT OR IN THE PROVISION OF CERTAIN SERVICES
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(a) For purposes of this section, "credit" includes:
(1) a loan of money;
(2) furnishing property or service on credit;
(3) extending the due date of an obligation;
(4) comaking, endorsing, or guaranteeing a note or other instrument for obtaining credit;
(5) a line or letter of credit;
(6) a credit card, as defined in Section 32.31 (Credit Card or Debit Card Abuse); and
(7) a mortgage loan.
(b) A person commits an offense if he intentionally or knowingly makes a materially false or misleading written statement to obtain property or credit, including a mortgage loan.
(b-1) A person commits an offense if the person intentionally or knowingly makes a materially false or misleading written statement in providing an appraisal of real property for compensation.
(c) An offense under this section is:
(1) a Class C misdemeanor if the value of the property or the amount of credit is less than $50;
(2) a Class B misdemeanor if the value of the property or the amount of credit is $50 or more but less than $500;
(3) a Class A misdemeanor if the value of the property or the amount of credit is $500 or more but less than $1,500;
(4) a state jail felony if the value of the property or the amount of credit is $1,500 or more but less than $20,000;
(5) a felony of the third degree if the value of the property or the amount of credit is $20,000 or more but less than $100,000;
(6) a felony of the second degree if the value of the property or the amount of credit is $100,000 or more but less than $200,000; or
(7) a felony of the first degree if the value of the property or the amount of credit is $200,000 or more.
(d) The following agencies shall assist a prosecuting attorney of the United States or of a county or judicial district of this state, a county or state law enforcement agency of this state, or a federal law enforcement agency in the investigation of an offense under this section involving a mortgage loan:
(1) the office of the attorney general;
(2) the Department of Public Safety;
(3) the Texas Department of Insurance;
(4) the Office of Consumer Credit Commissioner;
(5) the Texas Department of Banking;
(6) the credit union department;
(7) the Department of Savings and Mortgage Lending;
(8) the Texas Real Estate Commission;
(9) the Texas Appraiser Licensing and Certification Board; and
(10) the Texas Department of Housing and Community Affairs.
(e) 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 a mortgage loan.