I have a case where one sister uses the name of another sister in another State to obtain a Texas Drivers licence. Clearly without consent but...who is harmed or defrauded. Same problem with forgery. How does the use of a name (even without consent) harm or defraud the other sister or the State for that matter)? The presumptions don't seem to apply...am I missing something simple here????

I think it depends on why she is changing her name at all. Are there further facts establishing that she is using that particular name or any name to avoid legal liability, criminal prosecution, etc.?

If not, I tend to agree with you that harm or fraud might be hard to prove.

Additionally, it seems to be the case that you can change your name at will in Texas without resort to the courts. See Texas Family Law: Practice and Procedure Section 5-1, Z1.01 Change of name by repute citing Appeal of Evetts, 392 S.W.2d 781, 783 (Civ. App.--San Antonio 1965)

To obtain a Texas DL the sister had to present at least two types of documents, one being a passport or a certified birth certificate. She also would have to sign under oath that the info on her DL application is true and correct. Wouldn't this raise Tampering With Government Record. As for proving harm or fraud, if she is arrested, booked, and charged under the innocent sister's identity, that certainly harms the innocent sister. When I was doing ALR we ran into several cases where someone had an arrest or even a conviction under some poor other person's name.

Is she using the other sister's birthdate, too? Or is she just using her name?