Texas Penal Code

§ 39.02 — ABUSE OF OFFICIAL CAPACITY

PE § 39.02Title 8. OFFENSES AGAINST PUBLIC ADMINISTRATION · Ch. 39. ABUSE OF OFFICE

Statute text

(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.

(c)An offense under Subsection (a)(2) is:

(1)a Class C misdemeanor if the value of the use of the thing misused is less than $100;

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Legislative history

Acts 2009, 81st Leg., R.S., Ch. 82 (S.B. 828), Sec. 1, eff. September 1, 2009. Acts 2015, 84th Leg., R.S., Ch. 1251 (H.B. 1396), Sec. 28, eff. September 1, 2015.