Texas Perjury Law (Tx. Penal Code Chapter 37)

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The contractor made two separate sworn statements, affidavits, each one material to the claim and each claiming a different document was the contract.  Texas law describes this act as a felony.

Texas Penal Code Chapter 37, Sec. 37.06 extracted below:

Sec. 37.06. INCONSISTENT STATEMENTS. An information or indictment for perjury under Section 37.02 or aggravated perjury under Section 37.03 that alleges that the declarant has made statements under oath, both of which cannot be true, need not allege which statement is false. At the trial the prosecution need not prove which statement is false.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.