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CHAPTER 32. FRAUD
§ 32.43. COMMERCIAL BRIBERY.
(a) For purposes of this section:
(1) "Beneficiary" means a person for whom a fiduciary
is acting.
(2) "Fiduciary" means:
(A) an agent or employee;
(B) a trustee, guardian, custodian,
administrator, executor, conservator, receiver, or similar
fiduciary;
(C) a lawyer, physician, accountant, appraiser,
or other professional advisor; or
(D) an officer, director, partner, manager, or
other participant in the direction of the affairs of a corporation
or association.
(b) A person who is a fiduciary commits an offense if,
without the consent of his beneficiary, he intentionally or
knowingly solicits, accepts, or agrees to accept any benefit from
another person on agreement or understanding that the benefit will
influence the conduct of the fiduciary in relation to the affairs of
his beneficiary.
(c) A person commits an offense if he offers, confers, or
agrees to confer any benefit the acceptance of which is an offense
under Subsection (b).
(d) An offense under this section is a state jail felony.
(e) In lieu of a fine that is authorized by Subsection (d),
and in addition to the imprisonment that is authorized by that
subsection, if the court finds that an individual who is a fiduciary
gained a benefit through the commission of an offense under
Subsection (b), the court may sentence the individual to pay a fine
in an amount fixed by the court, not to exceed double the value of
the benefit gained. This subsection does not affect the
application of Section 12.51(c) to an offense under this section
committed by a corporation or association. |
