Texas Penal Code - Section 39.06. Misuse Of Official Information
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§ 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.
(c) A person commits an offense if, with intent 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.
Section: 38.18 38.19 39.01 39.02 39.03 39.04 39.05 39.06 42.01 42.02 42.03 42.04 42.05 42.055 42.06
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Last modified: August 10, 2007
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