In reviewing the Texas Penal Code applicable to this set of circumstances, the only sub-section that appears to be remotely relevant is Sec. 37.10 (a)(2): “(a) A person commits an offense if he: makes, presents, or uses any record, document, or thing with knowledge of its falsity and with intent that it be taken as a genuine governmental record.”
The statute allows for an affirmative defense to this sub-section as follows: “(f) It is a defense to prosecution under Subsection (a)(1), (a)(2), or (a)(5) that the false entry or false information could have no effect on the government’s purpose for requiring the governmental record.”
So, in essence, if there is no effect on the government’s purpose for requiring a driver’s license to gain access to a private entity, then this charge is bogus.
There is a much better argument for charging a college student with a felony for using a false ID to gain access to a bar to drink a beer. At least there the government has an interest in requiring a license as identification.
Here? not so much.
Nice find! No surprise that this boils down to intimidation by prosecution.