Tex. Codes » Penal Code · TITLE 8. OFFENSES AGAINST PUBLIC ADMINISTRATION · CHAPTER 39. ABUSE OF OFFICE
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Tex. Penal Code § 39.01 (2026)

Definitions

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Sec. 39.01. DEFINITIONS. In this chapter:

(1) "Law relating to a public servant's office or employment" means a law that specifically applies to a person acting in the capacity of a public servant and that directly or indirectly:

(A) imposes a duty on the public servant; or

(B) governs the conduct of the public servant.

(2) "Misuse" means to deal with property contrary to:

(A) an agreement under which the public servant holds the property;

(B) a contract of employment or oath of office of a public servant;

(C) a law, including provisions of the General Appropriations Act specifically relating to government property, that prescribes the manner of custody or disposition of the property; or

(D) a limited purpose for which the property is delivered or received.

Added by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

Notes of Decisions
Cited in 36 cases, 1979–2020 · leading case: Margraves v. State, 34 S.W.3d 912 (Tex. Crim. App. 2000).
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Margraves v. State, 34 S.W.3d 912 (Tex. Crim. App. 2000). · cites it 2× “Appellant was charged under former Tex.Pen.Code § 39.01(a)(2). At the time that the alleged criminal conduct took place, that section was titled "Official Misconduct" and read: (a) A public servant commits an offense if, with intent to obtain a benefit or with intent to harm…”
State v. Williams, 780 S.W.2d 891 (Tex. App.—San Antonio 1989). · cites it 2× “His reasoning was that jurisdiction over the misdemeanor offense properly lay in district court only because the offense involved official misconduct, yet the indictments did not allege every element of the offense entitled Official Misconduct, TEX.PENAL CODE ANN. § 39.01. That…”
J.B. Smith v. Keith Hightower, 693 F.2d 359 (5th Cir. 1982). · cites it 2× “On this information, Brush concluded that the Sheriff had committed official misconduct in violation of Tex.Penal Code Ann. § 39.01, and within three or four days Brush decided to take the matter to the grand jury.”
Rebekah Thonginh Ross v. State, 507 S.W.3d 881 (Tex. App.—Texarkana 2016). · cites it 3× “” See Tex. Penal Code Ann. § 39.01 (West 2011).”
Vondy v. Commissioners Court of Uvalde Cnty., 714 S.W.2d 417 (Tex. App.—San Antonio 1986). · cites it 2× “See TEX.PENAL CODE ANN. § 39.01 (Vernon Supp.”
Rendon v. State, 695 S.W.2d 1 (Tex. App.—Corpus Christi 1985). · cites it 4× “[1] The question then is does the wording of the information charge official misconduct as it was defined by TEX.PENAL CODE ANN. § 39.01 (Vernon 1974) on the date of the information or does it charge official oppression as defined by TEX.”
Vondy v. Commissioners Court of Uvalde Cnty., 620 S.W.2d 104 (Tex. 1981). “We also note, that by failure to pay a salary to Vondy, the commissioners court could be subject to prosecution under Tex. Penal Code Ann. § 39.01 (a)(3) (Vernon 1974), for failure to perform its duties imposed by law.”
Browning-Ferris Indus., Inc. v. Lieck, 845 S.W.2d 926 (Tex. App.—Corpus Christi 1993). · cites it 2× “Meszaros knew and admitted that this was not a sealed bid process, but rather a negotiated contract.”
Castaneda v. Texas Dep't of Agric., 831 S.W.2d 501 (Tex. App.—Corpus Christi 1992). “The evidence showed that elements of several offenses and civil claims were alleged, arguably including a violation of the First Amendment and Tex.Penal Code Ann. § 39.01(a)(2) (Vernon 1983) (it is an offense for a public servant to misapply any thing of value belonging to the…”
Aguilar v. Chastain, 923 S.W.2d 740 (Tex. App.—Tyler 1996). “§ 1988 , alleging violations of his First, Fourth, and Fourteenth Amendment rights; the Texas Tort Claims Act, alleging damage and destruction of property; and Texas Penal Code sections 39.01, 39.02, and 39.”
Wooley v. State, 629 S.W.2d 867 (Tex. App.—Austin 1982). · cites it 2× “Tex.Pen.Code Ann. § 39.01(a)(5) (1974). Following a jury trial resulting in a verdict of guilty, the jury assessed punishment at confinement for ten years and a fine of *869 $5,000.”
State v. Miguel Martinez, 548 S.W.3d 751 (Tex. App.—Corpus Christi 2018). “See TEX. PENAL CODE ANN. § 39.01(1). Therefore, an indictment alleging an offense under section 39.”
Show all 36 citing cases →
Tex. Penal Code § 39.01(1): 3 cases
State v. Miguel Martinez, 548 S.W.3d 751 (Tex. App.—Corpus Christi 2018). “See TEX. PENAL CODE ANN. § 39.01(1). Therefore, an indictment alleging an offense under section 39.”
State v. Michael Sidney Horton, No. 09-07-00013-CR (Tex. App.—Beaumont Aug. 15, 2007).
State v. Edwin Michael Watts, No. 09-07-00014-CR (Tex. App.—Beaumont Aug. 15, 2007).
Tex. Penal Code § 39.01(2)(A): 1 case
Perry, Ex Parte James Richard "Rick", 483 S.W.3d 884 (Tex. Crim. App. 2016).
Tex. Penal Code § 39.01(a)(1): 4 cases
Browning-Ferris Indus., Inc. v. Lieck, 845 S.W.2d 926 (Tex. App.—Corpus Christi 1993). “Meszaros knew and admitted that this was not a sealed bid process, but rather a negotiated contract.”
Cain v. State, 855 S.W.2d 714 (Tex. Crim. App. 1993).
Berry v. State, 813 S.W.2d 636 (Tex. App. 1991).
Cain v. State, 834 S.W.2d 628 (Tex. App.—Beaumont 1992).
Tex. Penal Code § 39.01(a)(2): 2 cases
Margraves v. State, 34 S.W.3d 912 (Tex. Crim. App. 2000). “Appellant was charged under former Tex.Pen.Code § 39.01(a)(2). At the time that the alleged criminal conduct took place, that section was titled "Official Misconduct" and read: (a) A public servant commits an offense if, with intent to obtain a benefit or with intent to harm…”
Castaneda v. Texas Dep't of Agric., 831 S.W.2d 501 (Tex. App.—Corpus Christi 1992). “The evidence showed that elements of several offenses and civil claims were alleged, arguably including a violation of the First Amendment and Tex.Penal Code Ann. § 39.01(a)(2) (Vernon 1983) (it is an offense for a public servant to misapply any thing of value belonging to the…”
Tex. Penal Code § 39.01(a)(3): 1 case
White v. Commissioners Court of Kimble Cnty., 705 S.W.2d 322 (Tex. App.—San Antonio 1986).
Tex. Penal Code § 39.01(a)(5): 2 cases
Wooley v. State, 629 S.W.2d 867 (Tex. App.—Austin 1982). “Tex.Pen.Code Ann. § 39.01(a)(5) (1974). Following a jury trial resulting in a verdict of guilty, the jury assessed punishment at confinement for ten years and a fine of *869 $5,000.”
State ex rel. Hightower v. Smith, 671 S.W.2d 32 (Tex. 1984).
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