The bill would amend the Penal Code as it relates to enhancing the penalty for certain acts of official oppression. Under the provisions of the bill, the punishment for official oppression would be enhanced from a Class A misdemeanor to a third-degree felony if the public servant acted with the intent to impair the accuracy of Public Education Information Management System data reported to the Texas Education Agency.

A Class A misdemeanor is punishable by confinement in county jail for a term not to exceed one year and/or a fine not to exceed $4,000. A third-degree felony is punishable by confinement in prison for a term of two to ten years and, in addition to confinement, an optional fine not to exceed $10,000.

The bill's provisions increase the penalty for official oppression. This penalty adjustment is expected to increase demands on state correctional resources by increasing the number of offenders eligible for confinement in state correctional facilities. When an offense changes from a misdemeanor to a felony, the burden of confining convicted offenders transfers from the counties to the state. However, it is assumed that the number of offenders supervised or incarcerated under this statute would not significantly impact state correctional agency resources. In fiscal year 2012, there were 39 arrests and 17 community supervision placements for official oppression.