Bill Text: TX HB504 | 2017-2018 | 85th Legislature | Comm Sub
Bill Title: Relating to the use of nonpublic information by former members of the legislature; creating an offense.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-04-20 - Committee report sent to Calendars [HB504 Detail]
Download: Texas-2017-HB504-Comm_Sub.html
By: Geren | H.B. No. 504 | ||
Substitute the following for H.B. No. 504: | |||
By: Davis of Harris | C.S.H.B. No. 504 |
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relating to the use of nonpublic information by former members of | ||
the legislature; creating an offense. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 39.06, Penal Code, is amended to read as | ||
follows: | ||
Sec. 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, the | ||
public servant [ |
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nongovernmental purpose that: | ||
(1) the public servant [ |
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the public servant's [ |
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(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, the public | ||
servant [ |
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that: | ||
(1) the public servant has access to by means of the | ||
public servant's [ |
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(2) has not been made public. | ||
(c-1) This section applies to a former member of the | ||
legislature for: | ||
(1) the period concluding with the end of the | ||
legislative cycle following the legislative cycle in which the | ||
former member last served as a member of the legislature; | ||
(2) information that has not been made public to which | ||
the former member had access to during the former member's service | ||
in the legislature; and | ||
(3) any use in connection with activities that require | ||
registration under Chapter 305, Government Code. | ||
(d) In this section: | ||
(1) [ |
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means any information to which the public does not generally have | ||
access, and that is prohibited from disclosure under Chapter 552, | ||
Government Code; and | ||
(2) "Legislative cycle" means the two-year period | ||
beginning on the first day of a regular legislative session and | ||
ending on the day before the first day of the succeeding regular | ||
legislative session. | ||
(e) Except as provided by Subsection (f), an offense under | ||
this section is a felony of the third degree. | ||
(f) An offense: | ||
(1) under Subsection (a)(3) is a Class C misdemeanor; | ||
and | ||
(2) by a public servant who is a former member of the | ||
legislature is a Class A misdemeanor. | ||
SECTION 2. This Act takes effect January 8, 2019. |