Felony Offenses in the Texas Penal Code

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Texas Penal Code, Section 39.06 - Misuse of Official Information

CHAPTER 39. ABUSE OF OFFICE

        § 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.

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