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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of nonpublic information by former members of |
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the legislature; creating an offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 39.06, Penal Code, is amended to read as |
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follows: |
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Sec. 39.06. MISUSE OF OFFICIAL INFORMATION. (a) A public |
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servant commits an offense if, in reliance on information to which |
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the public servant has access by virtue of the person's office or |
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employment and that has not been made public, the person: |
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(1) acquires or aids another to acquire a pecuniary |
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interest in any property, transaction, or enterprise that may be |
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affected by the information; |
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(2) speculates or aids another to speculate on the |
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basis of the information; or |
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(3) as a public servant, including as a school |
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administrator, coerces another into suppressing or failing to |
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report that information to a law enforcement agency. |
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(b) A public servant commits an offense if with intent to |
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obtain a benefit or with intent to harm or defraud another, the |
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public servant [he] discloses or uses information for a |
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nongovernmental purpose that: |
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(1) the public servant [he] has access to by means of |
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the public servant's [his] office or employment; and |
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(2) has not been made public. |
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(c) A person commits an offense if, with intent to obtain a |
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benefit or with intent to harm or defraud another, the public |
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servant [he] solicits or receives from a public servant information |
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that: |
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(1) the public servant has access to by means of the |
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public servant's [his] office or employment; and |
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(2) has not been made public. |
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(c-1) This section applies to a former member of the |
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legislature for: |
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(1) the period concluding with the end of the |
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legislative cycle following the legislative cycle in which the |
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former member last served as a member of the legislature; |
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(2) information that has not been made public to which |
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the former member had access to during the former member's service |
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in the legislature; and |
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(3) any use in connection with activities that require |
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registration under Chapter 305, Government Code. |
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(d) In this section: |
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(1) [,]"information that has not been made public" |
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means any information to which the public does not generally have |
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access, and that is prohibited from disclosure under Chapter 552, |
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Government Code; and |
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(2) "Legislative cycle" means the two-year period |
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beginning on the first day of a regular legislative session and |
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ending on the day before the first day of the succeeding regular |
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legislative session. |
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(e) Except as provided by Subsection (f), an offense under |
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this section is a felony of the third degree. |
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(f) An offense: |
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(1) under Subsection (a)(3) is a Class C misdemeanor; |
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and |
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(2) by a public servant who is a former member of the |
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legislature is a Class A misdemeanor. |
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SECTION 2. This Act takes effect January 8, 2019. |