BILL ANALYSIS

 

 

Senate Research Center

H.B. 2001

89R26757 CJD-D

By: Meyer et al. (Bettencourt)

 

Criminal Justice

 

5/15/2025

 

Engrossed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Current statute sets the penalty for misuse of official information as a felony of the third degree. There is no change in punishment no matter the amount a perpetrator financially gains. This bill aims to not only increase the penalty, but also tier the level of punishment by profit amount.

 

H.B. 2001 seeks to amend the Penal Code, Section 39.06, to create a tiered punishment system for the misuse of official information by a public servant by raising the current penalty to:

 

         A felony of the third degree if gain is less than $150,000.

         A felony of the second degree if gain is $150,000 or more but less than $300,000.

         A felony of the first degree if gain is $300,000 or more.

 

H.B. 2001 amends current law relating to increasing the criminal penalties for certain misuse of official information, including misuse of official information that results in certain net pecuniary gains.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Section 39.06, Penal Code, by amending Subsection (e) and adding Subsection (g), as follows:

 

(e) Creates an exception under Subsection (g). Deletes existing text creating an exception under Subsection (f) (relating to providing that an offense that a public servant commits by coercing another into suppressing or failing to report certain information to a law enforcement agency is a Class C misdemeanor).

 

(g) Provides that, if the commission of an offense under Section 39.06 (Misuse of Official Information) results in a net pecuniary gain to the person committing the offense, the offense is a felony of the third degree if the net pecuniary gain is less than $150,000, a felony of the second degree if the net pecuniary gain is $150,000 or more but less than $300,000, or a felony of the first degree if the net pecuniary gain is $300,000 or more.

 

SECTION 2. Repealer: Section 39.06(f) (relating to providing that an offense that a public servant commits by coercing another into suppressing or failing to report certain information to a law enforcement agency is a Class C misdemeanor).

 

SECTION 3. Makes application of this Act prospective.

 

SECTION 4. Effective date: September 1, 2025.