Texas Penal Code 39.06 – Misuse of Official Information
WHAT IS MISUSE OF OFFICIAL INFORMATION IN TEXAS?
The Texas law against misuse of official information prohibits public servants from using or disclosing information that has not been made public, and to which the public servant has access through his or her office or employment, with the intent to obtain a benefit or to harm or defraud another. A person who solicits or receives such information from a public servant may also be charged with misuse of official information.
WHAT IS THE MISUSE OF OFFICIAL INFORMATION LAW IN TEXAS?
Tex. Penal Code § 39.06. MISUSE OF OFFICIAL INFORMATION.
(a) A public servant commits an offense if, in reliance on information to which the public servant has access by virtue of the person’s office or employment and that has not been made public, the person:
(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 school administrator, 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.
(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.
WHAT IS THE PENALTY CLASS FOR MISUSE OF OFFICIAL INFORMATION IN TEXAS?
Misuse of official information is a third degree felony in most circumstances, punishable by two to ten years in prison. If a public servant, including a school administrator, suppresses or fails to report certain information to law enforcement, such misuse of official information is a Class C misdemeanor, punishable by a maximum $500 fine.
WHAT IS THE PUNISHMENT RANGE FOR MISUSE OF OFFICIAL INFORMATION IN TEXAS?
The punishment range for misuse of official information charged as a third degree felony is between two and ten years, and a maximum $10,000 fine. Misuse of official information charged as a Class C misdemeanor is punishable by a fine of up to $500.
WHAT ARE THE PENALTIES FOR MISUSE OF OFFICIAL INFORMATION IN TEXAS?
A person charged with misuse of official information as a third degree felony may be eligible for probation after a conviction, or deferred adjudication without a conviction, for a period not to exceed ten years. A person charged with misuse of official information as a Class C misdemeanor may be placed on deferred adjudication for up to 180 days.
WHAT ARE THE DEFENSES TO MISUSE OF OFFICIAL INFORMATION IN TEXAS?
The statute does not authorize specific defenses to misuse of official information. A person accused thereof may attempt to negate at least one of the elements the State must prove at trial.
WHAT IS THE STATUTE OF LIMITATIONS FOR MISUSE OF OFFICIAL INFORMATION IN TEXAS?
The limitation period for a Class C misdemeanor misuse of official information charge is two years. If misuse of official information may be charged as a third degree felony, the limitation period is three years.
MISUSE OF OFFICIAL INFORMATION IN TEXAS
Public servants may be prosecuted for enriching themselves at the expense of the office and the public trust, but no financial benefit is required. If a public servant uses or discloses confidential information for a non-governmental purpose, with the intent to obtain a benefit or to harm or defraud another, or to aid another in acquiring a pecuniary interest in any property or transaction, he or she may be charged with misuse of official information.
TEXAS MISUSE OF OFFICIAL INFORMATION COURT CASES
The case law regarding misuse of official information in Texas shows the statute’s application.
- In Tidwell v. State, the defendant, former Winkler County Attorney, prosecuted two nurses who made confidential complaints about a doctor, his friend, to the Texas Medical Board. He and the County Sheriff obtained the complaints by lying about an ongoing investigation. The nurses were indicted, but charges were dismissed against one, and the other was acquitted.The defendant was subsequently convicted of misuse of official information for obtaining the confidential documents from the medical board under false pretenses for the purpose of finding out who made the complaints, rather than an authorized governmental purpose. The appellate court affirmed.
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He was prompt, professional and poised. I was charged with DWI, and Mr Porter got the charge dismissed. I could not be more pleased or thankful. If you get a DWI, hire the best — hire Trey Porter.
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CHARGES DISMISSED
DRIVING WHILE INTOXICATED .15
Driving facts involved failing to maintain a single lane and speeding. Client refused breath test and forced law enforcement to obtain search warrant for blood. Blood test result was not used after challenge from Defense, and State waived and abandoned charge.
CHARGES DISMISSED
DRIVING UNDER THE INFLUENCE
Client was a college student, worried about the collateral consequences of an alcohol offense. After negotiation and review of the traffic stop, the case was dismissed. Client received no criminal conviction. The charge was later expunged and deleted from client’s record.
CHARGES DISMISSED
DRIVING WHILE INTOXICATED .15+
Client was involved in minor accident. Client was at fault in accident. A young executive, client was concerned that a criminal conviction for DWI would result in termination. After review of the traffic stop, it was clear the officer lacked probable cause for arrest. State eventually dismissed DWI charge. Client received no criminal conviction.
CHARGES DISMISSED
DWI 2nd
Client, a military veteran, was facing up to one year in jail. State could not prove intoxication by alcohol, and was prepared to proceed on loss of use by marijuana. After challenging the State to prove that marijuana was ingested at or near time of driving, and that marijuana impaired client’s driving, the State dismissed the case on the day of trial.
CHARGES DISMISSED
DRIVING UNDER THE INFLUENCE
Driving facts involved a false claim by police that taillight was out. After challenging the reasonable suspicion for the traffic stop, the State was forced to dismiss the case when video did not match police report. Client has since expunged arrest, and has no criminal record.
CHARGES DISMISSED
DRIVING UNDER THE INFLUENCE
Client is a public school teacher and faced immediate termination upon conviction. The facts of the case were bad. State was unwilling to budge in negotiation, and matter was set for trial – the last shot at avoiding a conviction and preserving client’s livelihood. State was forced to dismiss on day of trial. Client has no criminal record, and has since expunged the DWI arrest.
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