Sec. 37.09. TAMPERING WITH OR FABRICATING PHYSICAL EVIDENCE. (a) A person commits an offense if, knowing that an investigation or official proceeding is pending or in progress, he:
(1) alters, destroys, or conceals any record, document, or thing with intent to impair its verity, legibility, or availability as evidence in the investigation or official proceeding; or
(2) makes, presents, or uses any record, document, or thing with knowledge of its falsity and with intent to affect the course or outcome of the investigation or official proceeding.
(b) This section shall not apply if the record, document, or thing concealed is privileged or is the work product of the parties to the investigation or official proceeding.
(c) An offense under Subsection (a) or Subsection (d)(1) is a felony of the third degree, unless the thing altered, destroyed, or concealed is a human corpse, in which case the offense is a felony of the second degree. An offense under Subsection (d)(2) is a Class A misdemeanor.
(c-1) It is a defense to prosecution under Subsection (a) or (d)(1) that the record, document, or thing was visual material prohibited under Section 43.261 that was destroyed as described by Subsection (f)(3) of that section.
(d) A person commits an offense if the person:
(1) knowing that an offense has been committed, alters, destroys, or conceals any record, document, or thing with intent to impair its verity, legibility, or availability as evidence in any subsequent investigation of or official proceeding related to the offense; or
(2) observes a human corpse under circumstances in which a reasonable person would believe that an offense had been committed, knows or reasonably should know that a law enforcement agency is not aware of the existence of or location of the corpse, and fails to report the existence of and location of the corpse to a law enforcement agency.
(e) In this section, "human corpse" has the meaning assigned by Section 42.08.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1991, 72nd Leg., ch. 565, Sec. 4, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 1284, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 287 (H.B. 872), Sec. 1, eff. September 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 1322 (S.B. 407), Sec. 1, eff. September 1, 2011.
Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 16.004, eff. September 1, 2021.
Structure Texas Statutes
Title 8 - Offenses Against Public Administration
Chapter 37 - Perjury and Other Falsification
Section 37.03. Aggravated Perjury
Section 37.06. Inconsistent Statements
Section 37.07. Irregularities No Defense
Section 37.081. False Report Regarding Missing Child or Missing Person
Section 37.082. Misrepresenting Child as Family Member at Port of Entry
Section 37.09. Tampering With or Fabricating Physical Evidence
Section 37.10. Tampering With Governmental Record
Section 37.101. Fraudulent Filing of Financing Statement
Section 37.11. Impersonating Public Servant
Section 37.12. False Identification as Peace Officer; Misrepresentation of Property
Section 37.13. Record of a Fraudulent Court
Section 37.14. False Statement Regarding Child Custody Determination Made in Foreign Country