Sec. 36.02. BRIBERY. (a) A person commits an offense if he intentionally or knowingly offers, confers, or agrees to confer on another, or solicits, accepts, or agrees to accept from another:
(1) any benefit as consideration for the recipient's decision, opinion, recommendation, vote, or other exercise of discretion as a public servant, party official, or voter;
(2) any benefit as consideration for the recipient's decision, vote, recommendation, or other exercise of official discretion in a judicial or administrative proceeding;
(3) any benefit as consideration for a violation of a duty imposed by law on a public servant or party official; or
(4) any benefit that is a political contribution as defined by Title 15, Election Code, or that is an expenditure made and reported in accordance with Chapter 305, Government Code, if the benefit was offered, conferred, solicited, accepted, or agreed to pursuant to an express agreement to take or withhold a specific exercise of official discretion if such exercise of official discretion would not have been taken or withheld but for the benefit; notwithstanding any rule of evidence or jury instruction allowing factual inferences in the absence of certain evidence, direct evidence of the express agreement shall be required in any prosecution under this subdivision.
(b) It is no defense to prosecution under this section that a person whom the actor sought to influence was not qualified to act in the desired way whether because he had not yet assumed office or he lacked jurisdiction or for any other reason.
(c) It is no defense to prosecution under this section that the benefit is not offered or conferred or that the benefit is not solicited or accepted until after:
(1) the decision, opinion, recommendation, vote, or other exercise of discretion has occurred; or
(2) the public servant ceases to be a public servant.
(d) It is an exception to the application of Subdivisions (1), (2), and (3) of Subsection (a) that the benefit is a political contribution as defined by Title 15, Election Code, or an expenditure made and reported in accordance with Chapter 305, Government Code.
(e) An offense under this section is a felony of the second degree.
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. 2, eff. Sept. 1, 1983; Acts 1991, 72nd Leg., ch. 304, Sec. 4.02, eff. Jan. 1, 1992; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Notes of Decisions
Cited in
80
cases (
4 in the last 5 years), 1981–2025 · leading case:
Cary v. State, 507 S.W.3d 750 (Tex. Crim. App. 2016).
Cary v. State, 507 S.W.3d 750 (Tex. Crim. App. 2016).
· cites it 5× “Compare Tex. Penal Code § 36.02(a)(1)—(a)(2), with id.”
Isassi v. State, 330 S.W.3d 633 (Tex. Crim. App. 2010).
· cites it 2× “3d at ___ [46] See TEX. PENAL CODE § 36.02. [47] State's Brief at 14.”
United States v. Brigido Marmolejo, 89 F.3d 1185 (5th Cir. 1996).
· cites it 7× “11 Ill At trial, the government alleged that the defendants violated Tex Penal Code ANN. § 36.02(a)(1), which constituted “predicate acts establishing a pattern of racketeering activity” in violation of RICO.”
Bentley v. Bunton, 94 S.W.3d 561 (Tex. 2002).
· cites it 2× “, Tex. Penal Code §§ 36.02 (bribery), 36.03 (coercion of public servant or voter), 39.”
Cary v. State, 507 S.W.3d 761 (Tex. Crim. App. 2016).
· cites it 2× “Tex. Penal Code § 36.02 (footnote omitted).”
Moses v. State, 105 S.W.3d 622 (Tex. Crim. App. 2003).
“Texas Penal Code § 36.02(a)(1). A jury found him guilty and punishment was assessed at five years imprisonment, probated, and a fine of $800.”
Rodriguez v. State, 90 S.W.3d 340 (Tex. App.—El Paso 2002).
“Tex. Pen.Code Ann. § 36.02(a)(1) (Vernon 1994).”
Williams v. State, 848 S.W.2d 777 (Tex. App. 1993).
· cites it 3× “Tex.Penal Code Ann. § 36.02(a)(3) (Vernon 1989).”
United States v. Marmolejo, 86 F.3d 404 (5th Cir. 1996).
· cites it 6× “Salinas and Marmolejo allege that their prosecution under TexPenal Code Ann. § 36.02(a)(1) was improper because a more specific statute, TexPenal Code Ann.”
Tex. Penal Code § 36.02(a): 10 cases
Tex. Penal Code § 36.02(a)(1): 18 cases
United States v. Brigido Marmolejo, 89 F.3d 1185 (5th Cir. 1996).
“11 Ill At trial, the government alleged that the defendants violated Tex Penal Code ANN. § 36.02(a)(1), which constituted “predicate acts establishing a pattern of racketeering activity” in violation of RICO.”
Cary v. State, 507 S.W.3d 750 (Tex. Crim. App. 2016).
“Compare Tex. Penal Code § 36.02(a)(1)—(a)(2), with id.”
Moses v. State, 105 S.W.3d 622 (Tex. Crim. App. 2003).
“Texas Penal Code § 36.02(a)(1). A jury found him guilty and punishment was assessed at five years imprisonment, probated, and a fine of $800.”
Rodriguez v. State, 90 S.W.3d 340 (Tex. App.—El Paso 2002).
“Tex. Pen.Code Ann. § 36.02(a)(1) (Vernon 1994).”
United States v. Marmolejo, 86 F.3d 404 (5th Cir. 1996).
“Salinas and Marmolejo allege that their prosecution under TexPenal Code Ann. § 36.02(a)(1) was improper because a more specific statute, TexPenal Code Ann.”
Tex. Penal Code § 36.02(a)(2): 4 cases
Tex. Penal Code § 36.02(a)(2)(3): 1 case
Tex. Penal Code § 36.02(a)(3): 7 cases
Williams v. State, 848 S.W.2d 777 (Tex. App. 1993).
“Tex.Penal Code Ann. § 36.02(a)(3) (Vernon 1989).”
Tex. Penal Code § 36.02(a)(4): 9 cases
Cary v. State, 507 S.W.3d 750 (Tex. Crim. App. 2016).
“Compare Tex. Penal Code § 36.02(a)(1)—(a)(2), with id.”
Tex. Penal Code § 36.02(a)(l): 1 case
Tex. Penal Code § 36.02(b): 2 cases
Tex. Penal Code § 36.02(d): 10 cases
Cary v. State, 507 S.W.3d 750 (Tex. Crim. App. 2016).
“Compare Tex. Penal Code § 36.02(a)(1)—(a)(2), with id.”
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