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TEXAS

PENAL CODE

CHAPTER 39. ABUSE OF OFFICE

§ 39.01. DEFINITIONS. In this chapter:

(1) "Law relating to a public servant's office or

employment" means a law that specifically applies

to a person acting in the capacity of a public

servant and that directly or indirectly:

(A) imposes a duty on the public servant; or

(B) governs the conduct of the public servant.

(2) "Misuse" means to deal with property contrary to:

(A) an agreement under which the public

servant holds the property;

(B) a contract of employment or oath of office

of a public servant;

Appropriations Act specifically relating to

government property, that prescribes the

manner of custody or disposition of the

property; or

(D) a limited purpose for which the property is

delivered or received.

Added by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,

1994.

§ 39.02. ABUSE OF OFFICIAL CAPACITY.

(a) A public servant commits an offense if, with intent to

obtain a benefit or with intent to harm or defraud another,

he intentionally or knowingly:

(1) violates a law relating to the public servant's

office or employment; or

(2) misuses government property, services, personnel,

or any other thing of value belonging to the

government that has come into the public servant's

custody or possession by virtue of the public

servant's office or employment.

(b) An offense under Subsection (a)(1) is a Class A

misdemeanor.

(1) a Class C misdemeanor if the value of the use of

the thing misused is less than $20;

(2) a Class B misdemeanor if the value of the use of

the thing misused is $20 or more but less than

$500;

(3) a Class A misdemeanor if the value of the use of

the thing misused is $500 or more but less than

$1,500;

(4) a state jail felony if the value of the use of the

thing misused is $1,500 or more but less than

$20,000;

(5) a felony of the third degree if the value of the

use of the thing misused is $20,000 or more but less

than $100,000;

(6) a felony of the second degree if the value of the use

of the thing misused is $100,000 or more but less

than $200,000; or

(7) a felony of the first degree if the value of the

use of the thing misused is $200,000 or more.

(d) A discount or award given for travel, such as frequent

flyer miles, rental car or hotel discounts, or food coupons, are not

things of value belonging to the government for purposes of this

section due to the administrative difficulty and cost involved in

recapturing the discount or award for a governmental entity.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.

Amended by Acts 1983, 68th Leg., p. 3241, ch. 558, § 7, eff.

Sept. 1, 1983. Renumbered from V.T.C.A., Penal Code § 39.01 and

amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,

1994.

§ 39.03. OFFICIAL OPPRESSION.

(a) A public servant acting under color of his office or

employment commits an offense if

he:

(1) intentionally subjects another to mistreatment or

to arrest, detention, search, seizure, dispossession, assessment,

or lien that he knows is unlawful;

(2) intentionally denies or impedes another in the

exercise or enjoyment of any right, privilege, power, or immunity,

knowing his conduct is unlawful; or

(3) intentionally subjects another to sexual harassment.

(b) For purposes of this section, a public servant acts

under color of his office or employment if he acts or

purports to act in an official capacity or takes advantage of

such actual or purported capacity.

sexual advances, requests for sexual favors, or other verbal

or physical conduct of a sexual nature, submission to

which is made a term or condition of a person's exercise or

enjoyment of any right, privilege, power, or immunity,

either explicitly or implicitly.

(d) An offense under this section is a Class A misdemeanor.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.

Amended by Acts 1989, 71st Leg., ch. 1217, § 1, eff. Sept. 1,

1989; Acts 1991, 72nd Leg., ch. 16, § 19.01(34), eff. Aug. 26,

1991. Renumbered from V.T.C.A., Penal Code § 39.02 by Acts 1993,

73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

§ 39.04. VIOLATIONS OF THE CIVIL RIGHTS OF

PERSON IN CUSTODY; IMPROPER SEXUAL

ACTIVITY WITH PERSON IN CUSTODY.

(a) An official of a correctional facility, an employee of a

correctional facility, a person other than an employee who

works for compensation at a correctional facility, a

volunteer at a correctional facility, or a peace officer

commits an offense if the person intentionally:

(1) denies or impedes a person in custody in the

exercise or enjoyment of any right, privilege, or

immunity knowing his conduct is unlawful; or

(2) engages in sexual contact, sexual intercourse, or

deviate sexual intercourse with an individual in

custody.

(b) An offense under Subsection (a)(1) is a Class A

misdemeanor. An offense under Subsection (a)(2) is a

state jail felony.

other offense set out in this code.

(d) The Attorney General of Texas shall have concurrent

jurisdiction with law enforcement agencies to

investigate violations of this statute involving serious

bodily injury or death.

(e) In this section:

(1) "Correctional facility" means:

(A) any place described by Section 1.07(a)(14);

(B) a "secure correctional facility" or "secure

detention facility" as defined by Section 51.02, Family Code.

(2) "Custody" means the detention, arrest, or

confinement of an adult offender or the detention

or the commitment of a juvenile offender to a

facility operated by or under a contract

with the Texas Youth Commission or a facility

operated by or under contract with a juvenile

board.

(3) "Sexual contact," "sexual intercourse," and

"deviate sexual intercourse" have the meanings

assigned by Section 21.01.

(f) An employee of the Texas Department of Criminal

Justice commits an offense if the employee engages in

sexual contact, sexual intercourse, or deviate sexual

intercourse with an individual who is not the

employee's spouse and who the employee

knows is under the supervision of the department but

not in the custody of the department.

(g) An offense under Subsection (f) is a state jail felony.

Added by Acts 1979, 66th Leg., p. 1383, ch. 618, § 1, eff. Sept.

1, 1979. Amended by Acts 1983, 68th Leg., p. 3242, ch. 558, § 8,

eff. Sept. 1, 1983; Acts 1987, 70th Leg., ch. 18, § 5, eff. April

15, 1987. Renumbered from V.T.C.A., Penal Code § 39.021 and

amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,

1994. Amended by Acts 1997, 75th Leg., ch. 1406, § 1, eff. Sept.

1, 1997; Acts 1999, 76th Leg., ch. 158, § 1 to 3, eff. Sept. 1,

1999; Acts 2001, 77th Leg., ch. 1070, § 1, eff. Sept. 1, 2001;

Acts 2001, 77th Leg., ch. 1297, § 69, eff. Sept. 1, 2001.

§ 39.05. FAILURE TO REPORT DEATH OF PRISONER.

(a) A person commits an offense if the person is

required to conduct an investigation and file a report

by Aticle 49.18, Code of Criminal Procedure, and

the person fails to investigate the death, fails to

file the report as required, or fails to include in a

filed report facts known or discovered in the

investigation.

(b) A person commits an offense if the person is

required by Section 501.055, Government Code,

to:

(1) give notice of the death of an inmate and the

person fails to give the notice; or

(2) conduct an investigation and file a report and

the person:

(A) fails to conduct the investigation or file

the report; or

(B) fails to include in the report facts known

to the person or discovered by the

person in the investigation.

misdemeanor.

Added by Acts 1983, 68th Leg., p. 2510, ch. 441, § 2, eff. Sept.

1, 1983. Renumbered from V.T.C.A., Penal Code § 39.022 and

amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,

1994. Amended by Acts 1995, 74th Leg., ch. 321, § 1.104, eff.

Sept. 1, 1995.

§ 39.06. MISUSE OF OFFICIAL INFORMATION.

(a) A public servant commits an offense if, in

reliance on information to which he has access by

virtue of his office or employment and that has

not been made public, he:

(1) acquires or aids another to acquire a

pecuniary interest in any property,

transaction, or enterprise that may be

affected by the information;

(2) speculates or aids another to speculate on the

basis of the information; or

(3) as a public servant, including as a principal

of a school, coerces another into suppressing

or failing to report that information to a law

enforcement agency.

(b) A public servant commits an offense if with

intent to obtain a benefit or with intent to harm

or defraud another, he discloses or uses

information for a nongovernmental purpose

that:

(1) he has access to by means of his

office or employment; and

(2) has not been made public.

to obtain a benefit or with intent to harm or

defraud another, he solicits or receives from

a public servant information that:

(1) the public servant has access to by

means of his office or employment;

and

(2) has not been made public.

(d) In this section, "information that has not

been made public" means any information

to which the public does not generally have

access, and that is prohibited from

disclosure under Chapter 552, Government

Code.

(e) Except as provided by Subsection (f), an

offense under this section is a felony of the

third degree.

(f) An offense under Subsection (a)(3) is a

Class C misdemeanor.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.

Amended by Acts 1983, 68th Leg., p. 3243, ch. 558, § 9, eff.

Sept. 1, 1983; Acts 1987, 70th Leg., ch. 30, § 1, eff. Sept. 1,

1987; Acts 1987, 70th Leg., 2nd C.S., ch. 43, § 3, eff. Oct. 20,

1987; Acts 1989, 71st Leg., ch. 927, § 1, eff. Aug. 28, 1989.

Renumbered from V.T.C.A., Penal Code § 39.03 and amended by Acts

1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994. Amended by

Acts 1995, 74th Leg., ch. 76, § 5.95(90), eff. Sept. 1, 1995;

Acts 1995, 74th Leg., ch. 76, § 14.52, eff. Sept. 1, 1995.

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