Texas statute
Tex. Code Crim. Proc. art. 42.0182 — Findings regarding tax fraud
Current through 89th Legislature, 2nd Called Session (2025)
Part of Chapter 42: JUDGMENT AND SENTENCE, Texas Code of Criminal Procedure.
Full text of Tex. Code Crim. Proc. art. 42.0182
Statutory text current through the 89th Legislature, 2nd Called Session (2025). This publication reproduces the official statutory text; it is not the official statutes of the State of Texas.
(a) In the trial of an offense under the Tax Code or an offense under the Penal Code related to the administration of taxes, the state may file a written request with the court in which the indictment or information is pending for the court to make affirmative findings regarding the commission of tax fraud as described by Subsection (b). The state must provide a copy of the written request to the defendant before the date the trial begins. (b) If the state requests affirmative findings in the manner required by Subsection (a), the court shall make the requested affirmative findings and enter the findings in the papers in the case if the court finds by clear and convincing evidence that: (1) the defendant's failure to pay a tax or file a report when due, as required by Title 2 or 3, Tax Code, was a result of fraud or an intent to evade the tax; (2) the defendant altered, destroyed, or concealed any record, document, or thing, or presented to the comptroller any altered or fraudulent record, document, or thing, or otherwise engaged in fraudulent conduct for the apparent purpose of affecting the course or outcome of an audit, investigation, redetermination, or other proceeding before the comptroller; or (3) the defendant's failure to file a report under Chapter 162 , Tax Code, or to pay a tax under that chapter when the tax became due is attributable to fraud or an intent to evade the application of Chapter 162 , Tax Code, or a rule adopted under Chapter 111 or 162 , Tax Code.
Official sources
This reference is informational and is not legal advice.