Tex. Codes » Penal Code · TITLE 8. OFFENSES AGAINST PUBLIC ADMINISTRATION · CHAPTER 36. BRIBERY AND CORRUPT INFLUENCE
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Tex. Penal Code § 36.01 (2026)

Definitions

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Sec. 36.01. DEFINITIONS. In this chapter:

(1) "Custody" means:

(A) detained or under arrest by a peace officer; or

(B) under restraint by a public servant pursuant to an order of a court.

(2) "Party official" means a person who holds any position or office in a political party, whether by election, appointment, or employment.

(3) "Benefit" means anything reasonably regarded as pecuniary gain or pecuniary advantage, including benefit to any other person in whose welfare the beneficiary has a direct and substantial interest.

(4) "Vote" means to cast a ballot in an election regulated by law.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1975, 64th Leg., p. 915, ch. 342, Sec. 11, eff. Sept. 1, 1975; Acts 1983, 68th Leg., p. 3237, ch. 558, Sec. 1, eff. Sept. 1, 1983; Acts 1989, 71st Leg., ch. 67, Sec. 2, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 304, Sec. 4.01, eff. Jan. 1, 1992; Acts 1991, 72nd Leg., ch. 565, Sec. 3, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

Notes of Decisions
Cited in 14 cases (7 in the last 5 years), 1990–2025 · leading case: Cary v. State, 507 S.W.3d 750 (Tex. Crim. App. 2016).
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Cary v. State, 507 S.W.3d 750 (Tex. Crim. App. 2016). “Tex. Penal Code § 36.01(3). As we have discussed, a notable exception to the definition of “benefit” under sections 36.”
Smith v. State, 959 S.W.2d 1 (Tex. App.—Waco 1998). · cites it 4× “Tex. Penal Code Ann. § 36.01 (3) (Vernon 1994).”
State v. Hanson, 793 S.W.2d 270 (Tex. App.—Waco 1990). · cites it 2× “03(a)(1): “Coercion” means a threat, however communicated: (A) to commit any offense; (B) to inflict bodily injury on the person threatened or another; (C) to accuse any person of an offense; (D) to expose any person to hatred, contempt, or ridicule; (E) to harm the credit or…”
Jesus Gandara v. State, 527 S.W.3d 261 (Tex. App.—El Paso 2016). · cites it 2× “See Tex.penal Code Ann. § 36.01(3)(West 2011).”
Perry, Ex Parte James Richard "Rick", 483 S.W.3d 884 (Tex. Crim. App. 2016). “” Tex. Penal Code § 36.01(3). Coercive behavior designed to obtain a personal benefit may also fall under the theft statute.”
Mason, Crystal, No. PD-0881-20 (Tex. Crim. App. May 11, 2022). · cites it 2× “” Tex. Penal Code Ann. § 36.01 (4). The court below recognized that this is consistent with the Black’s Law Dictionary definition, which characterizes the verb as casting a ballot or signaling one’s choice in deciding an issue.”
Crystal Mason v. State of Texas, No. 02-18-00138-CR (Tex. App. May 11, 2022). · cites it 2× “” Tex. Penal Code Ann. § 36.01 (4). The court below recognized that this is consistent with the Black’s Law Dictionary definition, which characterizes the verb as casting a ballot or signaling one’s choice in deciding an issue.”
In re Powered by People & Robert Francis O'Rourke v. the State of Texas, No. 15-25-00140-CV (Tex. App.—15th Dist. Aug. 25, 2025). · cites it 2× “Furthermore, Defendants have and will continue to engage in unlawful fundraising practices and utilization of political funds in a manner that either directly violates or causes Texas Democratic Legislators to violate: (1) Texas Penal Code,§ 36.01(3); (2) Texas Elections Code, §…”
Ex Parte James Richard \Rick\" Perry", No. 03-15-00063-CR (Tex. App.—Austin Mar. 27, 2015). · cites it 3× “com /s/ Michael McCrum Michael McCrum 63 EXHIBIT A TEX. PENAL CODE § 36.01 TEX. PENAL CODE § 36.”
George Richard Hosey, Sr. v. State, No. 13-18-00419-CR (Tex. App.—Corpus Christi June 20, 2019). “See TEX. PENAL CODE ANN. §§ 36.01(C), 22.01(b)(1), 12.”
Mason, Crystal, No. PD-0881-20 (Tex. Crim. App. May 11, 2022). “at 22–23 (recognizing, but failing to adopt, the definition of “vote” in TEX. PENAL CODE § 36.01(4), and then alluding to the various dictionary definitions of the verb “to vote” as noted by the court of appeals, quoting Mason, 598 S.”
Crystal Mason v. State of Texas, No. 02-18-00138-CR (Tex. App. May 11, 2022). “at 22–23 (recognizing, but failing to adopt, the definition of “vote” in TEX. PENAL CODE § 36.01(4), and then alluding to the various dictionary definitions of the verb “to vote” as noted by the court of appeals, quoting Mason, 598 S.”
Show all 14 citing cases →
Tex. Penal Code § 36.01(1): 1 case
State v. Hanson, 793 S.W.2d 270 (Tex. App.—Waco 1990). “03(a)(1): “Coercion” means a threat, however communicated: (A) to commit any offense; (B) to inflict bodily injury on the person threatened or another; (C) to accuse any person of an offense; (D) to expose any person to hatred, contempt, or ridicule; (E) to harm the credit or…”
Tex. Penal Code § 36.01(1)(F): 1 case
State v. Hanson, 793 S.W.2d 270 (Tex. App.—Waco 1990). “03(a)(1): “Coercion” means a threat, however communicated: (A) to commit any offense; (B) to inflict bodily injury on the person threatened or another; (C) to accuse any person of an offense; (D) to expose any person to hatred, contempt, or ridicule; (E) to harm the credit or…”
Tex. Penal Code § 36.01(3): 6 cases
Cary v. State, 507 S.W.3d 750 (Tex. Crim. App. 2016). “Tex. Penal Code § 36.01(3). As we have discussed, a notable exception to the definition of “benefit” under sections 36.”
Jesus Gandara v. State, 527 S.W.3d 261 (Tex. App.—El Paso 2016). “See Tex.penal Code Ann. § 36.01(3)(West 2011).”
Perry, Ex Parte James Richard "Rick", 483 S.W.3d 884 (Tex. Crim. App. 2016). “” Tex. Penal Code § 36.01(3). Coercive behavior designed to obtain a personal benefit may also fall under the theft statute.”
In re Powered by People & Robert Francis O'Rourke v. the State of Texas, No. 15-25-00140-CV (Tex. App.—15th Dist. Aug. 25, 2025). “Furthermore, Defendants have and will continue to engage in unlawful fundraising practices and utilization of political funds in a manner that either directly violates or causes Texas Democratic Legislators to violate: (1) Texas Penal Code,§ 36.01(3); (2) Texas Elections Code, §…”
People v. Moyer, 94 Cal. App. 5th 999 (Cal. Ct. App. 2023).
Tex. Penal Code § 36.01(4): 2 cases
Mason, Crystal, No. PD-0881-20 (Tex. Crim. App. May 11, 2022). “at 22–23 (recognizing, but failing to adopt, the definition of “vote” in TEX. PENAL CODE § 36.01(4), and then alluding to the various dictionary definitions of the verb “to vote” as noted by the court of appeals, quoting Mason, 598 S.”
Crystal Mason v. State of Texas, No. 02-18-00138-CR (Tex. App. May 11, 2022). “at 22–23 (recognizing, but failing to adopt, the definition of “vote” in TEX. PENAL CODE § 36.01(4), and then alluding to the various dictionary definitions of the verb “to vote” as noted by the court of appeals, quoting Mason, 598 S.”
Tex. Penal Code § 36.01(C): 1 case
George Richard Hosey, Sr. v. State, No. 13-18-00419-CR (Tex. App.—Corpus Christi June 20, 2019). “See TEX. PENAL CODE ANN. §§ 36.01(C), 22.01(b)(1), 12.”
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