PENAL CODE CHAPTER 36.

TITLE 8.

OFFENSES AGAINST PUBLIC ADMINISTRATION
BRIBERY AND CORRUPT INFLUENCE

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

§ 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, § 1, eff. Jan. 1, 1974.
Amended by Acts 1975, 64th Leg., p. 915, ch. 342, § 11, eff.
Sept. 1, 1975; Acts 1983, 68th Leg., p. 3237, ch. 558, § 2, eff.
Sept. 1, 1983; Acts 1991, 72nd Leg., ch. 304, § 4.02, eff. Jan.
1, 1992; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.

§ 36.03. COERCION OF PUBLIC SERVANT OR VOTER. (a) A
person commits an offense if by means of coercion he:
(1) influences or attempts to influence a public
servant in a specific exercise of his official power or a specific
performance of his official duty or influences or attempts to
influence a public servant to violate the public servant's known
legal duty; or
(2) influences or attempts to influence a voter not to
vote or to vote in a particular manner.
(b) An offense under this section is a Class A misdemeanor
unless the coercion is a threat to commit a felony, in which event
it is a felony of the third degree.

(c) It is an exception to the application of Subsection
(a)(1) of this section that the person who influences or attempts to
influence the public servant is a member of the governing body of a
governmental entity, and that the action that influences or
attempts to influence the public servant is an official action
taken by the member of the governing body. For the purposes of this
subsection, the term "official action" includes deliberations by
the governing body of a governmental entity.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1989, 71st Leg., ch. 67, § 1, 3, eff. Sept. 1,
1989; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

§ 36.04. IMPROPER INFLUENCE. (a) A person commits an
offense if he privately addresses a representation, entreaty,
argument, or other communication to any public servant who
exercises or will exercise official discretion in an adjudicatory
proceeding with an intent to influence the outcome of the
proceeding on the basis of considerations other than those
authorized by law.
(b) For purposes of this section, "adjudicatory proceeding"
means any proceeding before a court or any other agency of
government in which the legal rights, powers, duties, or privileges
of specified parties are determined.
(c) An offense under this section is a Class A misdemeanor.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.

§ 36.05. TAMPERING WITH WITNESS. (a) A person commits
an offense if, with intent to influence the witness, he offers,
confers, or agrees to confer any benefit on a witness or prospective
witness in an official proceeding or coerces a witness or
prospective witness in an official proceeding:
(1) to testify falsely;
(2) to withhold any testimony, information, document,
or thing;
(3) to elude legal process summoning him to testify or
supply evidence;
(4) to absent himself from an official proceeding to
which he has been legally summoned; or
(5) to abstain from, discontinue, or delay the
prosecution of another.
(b) A witness or prospective witness in an official
proceeding commits an offense if he knowingly solicits, accepts, or
agrees to accept any benefit on the representation or understanding
that he will do any of the things specified in Subsection (a).
(c) It is a defense to prosecution under Subsection (a)(5)
that the benefit received was:
(1) reasonable restitution for damages suffered by the
complaining witness as a result of the offense; and
(2) a result of an agreement negotiated with the
assistance or acquiescence of an attorney for the state who
represented the state in the case.
(d) An offense under this section is a state jail felony.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994; Acts 1997, 75th Leg., ch. 721, § 1, eff. Sept. 1, 1997.

§ 36.06. OBSTRUCTION OR RETALIATION. (a) A person
commits an offense if he intentionally or knowingly harms or
threatens to harm another by an unlawful act:
(1) in retaliation for or on account of the service or
status of another as a:
(A) public servant, witness, prospective
witness, or informant; or
(B) person who has reported or who the actor
knows intends to report the occurrence of a crime; or
(2) to prevent or delay the service of another as a:
(A) public servant, witness, prospective
witness, or informant; or
(B) person who has reported or who the actor
knows intends to report the occurrence of a crime.
(b) In this section:
(1) "Honorably retired peace officer" means a peace
officer who:
(A) did not retire in lieu of any disciplinary
action;
(B) was eligible to retire from a law enforcement
agency or was ineligible to retire only as a result of an injury
received in the course of the officer's employment with the agency;
and
(C) is entitled to receive a pension or annuity
for service as a law enforcement officer or is not entitled to
receive a pension or annuity only because the law enforcement
agency that employed the officer does not offer a pension or annuity
to its employees.
(2) "Informant" means a person who has communicated
information to the government in connection with any governmental
function.
(3) "Public servant" includes an honorably retired
peace officer.
(c) An offense under this section is a felony of the third
degree unless the victim of the offense was harmed or threatened
because of the victim's service or status as a juror, in which event
the offense is a felony of the second degree.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1983, 68th Leg., p. 3238, ch. 558, § 4, eff.
Sept. 1, 1983; Acts 1989, 71st Leg., ch. 557, § 1, eff. Sept. 1,
1989; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994;
Acts 1997, 75th Leg., ch. 239, § 1, eff. Sept. 1, 1997; Acts
2001, 77th Leg., ch. 835, § 1, eff. Sept. 1, 2001; Acts 2003,
78th Leg., ch. 246, § 1, eff. Sept. 1, 2003.

§ 36.07. ACCEPTANCE OF HONORARIUM. (a) A public
servant commits an offense if the public servant solicits, accepts,
or agrees to accept an honorarium in consideration for services
that the public servant would not have been requested to provide but
for the public servant's official position or duties.
(b) This section does not prohibit a public servant from
accepting transportation and lodging expenses in connection with a
conference or similar event in which the public servant renders
services, such as addressing an audience or engaging in a seminar,
to the extent that those services are more than merely perfunctory,
or from accepting meals in connection with such an event.
(c) An offense under this section is a Class A misdemeanor.

Added by Acts 1991, 72nd Leg., ch. 304, § 4.03, eff. Jan. 1,
1992. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff.
Sept. 1, 1994.

§ 36.08. GIFT TO PUBLIC SERVANT BY PERSON SUBJECT TO HIS
JURISDICTION. (a) A public servant in an agency performing
regulatory functions or conducting inspections or investigations
commits an offense if he solicits, accepts, or agrees to accept any
benefit from a person the public servant knows to be subject to
regulation, inspection, or investigation by the public servant or
his agency.
(b) A public servant in an agency having custody of
prisoners commits an offense if he solicits, accepts, or agrees to
accept any benefit from a person the public servant knows to be in
his custody or the custody of his agency.
(c) A public servant in an agency carrying on civil or
criminal litigation on behalf of government commits an offense if
he solicits, accepts, or agrees to accept any benefit from a person
against whom the public servant knows litigation is pending or
contemplated by the public servant or his agency.
(d) A public servant who exercises discretion in connection
with contracts, purchases, payments, claims, or other pecuniary
transactions of government commits an offense if he solicits,
accepts, or agrees to accept any benefit from a person the public
servant knows is interested in or likely to become interested in any
contract, purchase, payment, claim, or transaction involving the
exercise of his discretion.
(e) A public servant who has judicial or administrative
authority, who is employed by or in a tribunal having judicial or
administrative authority, or who participates in the enforcement of
the tribunal's decision, commits an offense if he solicits,
accepts, or agrees to accept any benefit from a person the public
servant knows is interested in or likely to become interested in any
matter before the public servant or tribunal.
(f) A member of the legislature, the governor, the
lieutenant governor, or a person employed by a member of the
legislature, the governor, the lieutenant governor, or an agency of
the legislature commits an offense if he solicits, accepts, or
agrees to accept any benefit from any person.
(g) A public servant who is a hearing examiner employed by
an agency performing regulatory functions and who conducts hearings
in contested cases commits an offense if the public servant
solicits, accepts, or agrees to accept any benefit from any person
who is appearing before the agency in a contested case, who is doing
business with the agency, or who the public servant knows is
interested in any matter before the public servant. The exception
provided by § 36.10(b) does not apply to a benefit under this
subsection.
(h) An offense under this section is a Class A misdemeanor.
(i) A public servant who receives an unsolicited benefit
that the public servant is prohibited from accepting under this
section may donate the benefit to a governmental entity that has the
authority to accept the gift or may donate the benefit to a
recognized tax-exempt charitable organization formed for
educational, religious, or scientific purposes.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1975, 64th Leg., p. 915, ch. 342, § 11, eff.
Sept. 1, 1975; Acts 1983, 68th Leg., p. 3238, ch. 558, § 5, eff.
Sept. 1, 1983; Acts 1991, 72nd Leg., ch. 304, § 4.04, eff. Jan.
1, 1992; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.

§ 36.09. OFFERING GIFT TO PUBLIC SERVANT. (a) A person
commits an offense if he offers, confers, or agrees to confer any
benefit on a public servant that he knows the public servant is
prohibited by law from accepting.
(b) An offense under this section is a Class A misdemeanor.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.

§ 36.10. NON-APPLICABLE. (a) Sections 36.08 (Gift to
Public Servant) and 36.09 (Offering Gift to Public Servant) do not
apply to:
(1) a fee prescribed by law to be received by a public
servant or any other benefit to which the public servant is lawfully
entitled or for which he gives legitimate consideration in a
capacity other than as a public servant;
(2) a gift or other benefit conferred on account of
kinship or a personal, professional, or business relationship
independent of the official status of the recipient; or
(3) a benefit to a public servant required to file a
statement under Chapter 572, Government Code, or a report under
Title 15, Election Code, that is derived from a function in honor or
appreciation of the recipient if:
(A) the benefit and the source of any benefit in
excess of $50 is reported in the statement; and
(B) the benefit is used solely to defray the
expenses that accrue in the performance of duties or activities in
connection with the office which are nonreimbursable by the state
or political subdivision;
(4) a political contribution as defined by Title 15,
Election Code;
(5) a gift, award, or memento to a member of the
legislative or executive branch that is required to be reported
under Chapter 305, Government Code;
(6) an item with a value of less than $50, excluding
cash or a negotiable instrument as described by Section 3.104,
Business & Commerce Code; or
(7) an item issued by a governmental entity that
allows the use of property or facilities owned, leased, or operated
by the governmental entity.
(b) Section 36.08 (Gift to Public Servant) does not apply to
food, lodging, transportation, or entertainment accepted as a guest
and, if the donee is required by law to report those items, reported
by the donee in accordance with that law.
(c) Section 36.09 (Offering Gift to Public Servant) does not
apply to food, lodging, transportation, or entertainment accepted
as a guest and, if the donor is required by law to report those
items, reported by the donor in accordance with that law.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1975, 64th Leg., p. 915, ch. 342, § 11, eff.
Sept. 1, 1975; Acts 1981, 67th Leg., p. 2707, ch. 738, § 1, eff.
Jan. 1, 1982; Acts 1983, 68th Leg., p. 3240, ch. 558, § 6, eff.
Sept. 1, 1983; Acts 1987, 70th Leg., ch. 472, § 60, eff. Sept. 1,
1987; Acts 1991, 72nd Leg., ch. 304, § 4.05, eff. Jan. 1, 1992;
Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts
1995, 74th Leg., ch. 76, § 5.95(38), eff. Sept. 1, 1995.

 

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