Texas Codes

Tex. Penal Code § 39.01 (2026)

Definitions

✓ current as of May 2026

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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. 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, Hunter B. Brush, Alvin G. Khoury, Alan L. Manning, & Galloway Calhoun, 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. 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. 1986). · cites it 2× “See TEX.PENAL CODE ANN. § 39.01 (Vernon Supp.”

Rendon v. State, 695 S.W.2d 1 (Tex. App. 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. 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. 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. 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. 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. 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. 2018). “See TEX. PENAL CODE ANN. § 39.01(1). Therefore, an indictment alleging an offense under section 39.”

State v. Michael Sidney Horton (Tex. App. 2007).

State v. Edwin Michael Watts (Tex. App. 2007).

— Tex. Penal Code § 39.01(2)(A) — 1 case

Perry, Ex Parte James Richard \Rick\"", 483 S.W.3d 884 (2016).

— Tex. Penal Code § 39.01(a)(1) — 4 cases

Browning-Ferris Indus., Inc. v. Lieck, 845 S.W.2d 926 (Tex. App. 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. 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…”

— Tex. Penal Code § 39.01(a)(3) — 1 case

White v. Commissioners Court of Kimble Cnty., 705 S.W.2d 322 (Tex. App. 1986).

— Tex. Penal Code § 39.01(a)(5) — 2 cases

Wooley v. State, 629 S.W.2d 867 (Tex. App. 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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