Misuse of Official Information: Texas Penal Code §39.06

The Texas Misuse of Official Information law makes it illegal for a public servant (like a judge or a legislator) to use nonpublic information to obtain a benefit, defraud, or harm someone.

The offense also prohibits public servants from using nonpublic information to acquire an interest in any property, transaction, or enterprise that might be affected by the information, to speculate on the basis of the information, and to coerce another into suppressing or failing to report that information to a law enforcement agency.

“Public servant” is defined broadly in case law. Public servants include school administrators, teachers and anyone else that works for the government.

The Texas legislature codified this criminal offense in Texas Penal Code Section 39.06. In 2025, the legislature amended this law to repeal the Class C misdemeanor exception and to add a penalty ladder based on the actor’s net pecuniary gain, with the changes applying to offenses committed on or after September 1, 2025.

The Penal Code classifies the Texas Misuse of Official Information law under Title 8 “Offenses Against Public Administration,” Chapter 39 “Abuse Of Office.” Learn more about the Texas offense of Misuse of Official Information below.

What is the current Texas law about Misuse of Official Information?

AV Preeminent Texas lawyer Paul Saputo provides the current law defining Misuse of Official Information in Penal Code Section §39.06, as follows:^[1]

(a) A public servant commits an offense if, in reliance on information to which the public servant has access by virtue of the person’s office or employment and that has not been made public, the person:

(1) acquires or aids another to acquire a pecuniary interest in any property, transaction, or enterprise that may be affected by the information;

(2) speculates or aids another to speculate on the basis of the information; or

(3) as a public servant, including as a school administrator, coerces another into suppressing or failing to report that information to a law enforcement agency.

(b) A public servant commits an offense if with intent to obtain a benefit or with intent to harm or defraud another, he discloses or uses information for a nongovernmental purpose that:

(1) he has access to by means of his office or employment; and

(2) has not been made public.

(c) A person commits an offense if, with intent to obtain a benefit or with intent to harm or defraud another, he solicits or receives from a public servant information that:

(1) the public servant has access to by means of his office or employment; and

(2) has not been made public.

(d) In this section, “information that has not been made public” means any information to which the public does not generally have access, and that is prohibited from disclosure under Chapter 552, Government Code.

What is the penalty for a Texas Misuse of Official Information offense?

Conduct prior to September 1, 2025

If the offense falls under subsection (a)(3) then a conviction for Misuse of Official Information in Texas is punished as a Class C misdemeanor with a maximum possible fine under Texas state law of up to $500.

If the offense falls under any subsection other than (a)(3) then a conviction for Misuse of Official Information in Texas is punished as a Felony of the Third Degree,^[2] with a maximum possible fine under Texas state law of up to $10,000 and prison time of up to 10 years.

Conduct after September 1, 2025

For conduct on or after September 1, 2025, a violation of subsection (a)(3) is a third-degree felony, and the former Class C misdemeanor provision has been repealed.^[3][4]

Additionally, Misuse of Official Information can be enhanced to a second-degree felony if the actor’s net pecuniary benefit is $150,000 or more but less than $300,000, and to a first-degree felony if the benefit is $300,000 or more.^[5][6]

What changed in 2025?

Beginning September 1, 2025, the legislature overhauled the penalty scheme for Misuse of Official Information. The default punishment is a third-degree felony, with upgrades to a second-degree felony if the actor’s net pecuniary benefit is $150,000 or more but less than $300,000, and to a first-degree felony if the benefit is $300,000 or more.^[7] The prior provision that treated violations of subsection (a)(3) as a Class C misdemeanor was repealed. These changes apply prospectively to offenses committed on or after September 1, 2025.^[8]

How can I be charged with a Misuse of Official Information offense in Texas?

You can be charged with Misuse of Official Information in Texas if the state’s attorneys believe that each of the elements of §39.06(a) as described in the section above have been met.

These cases can be difficult to prosecute. In State v. Ford and State v. Newton, cases were dismissed because the information was excluded from the Public Information Act and thus not prohibited from disclosure. The salient point here is the subsection (d) definition of the type of information which is secret:

In this section, “information that has not been made public” means any information to which the public does not generally have access, and that is prohibited from disclosure under Chapter 552, Government Code.

What is the statute of limitations for Misuse of Official Information in Texas?

For conduct on or after September 1, 2025,^[9][10] Misuse of Official Information is a felony with a three-year limitations period.^[11] Pre-September 1, 2025 Class C cases were subject to a two-year limitations period.^[12]

Can you get probation for Misuse of Official Information in Texas?

The Texas Code of Criminal Procedure allows both judges and juries to grant probation for Misuse of Official Information, and judges are also allowed to accept deferred adjudication plea deals.^[13]

Note, however, that no matter the offense, neither judges nor juries may recommend community supervision for any suspended sentence of over 10 years.^[14] Also, judges may not grant community supervision after a conviction if (1) the defendant used or exhibited a deadly weapon during the commission of the felony or immediate flight thereafter and (2) the defendant used or exhibited the deadly weapon himself or was a party to the offense and knew that a deadly weapon would be used or exhibited.^[15]

What level of crime is Misuse of Official Information in Texas?

The Penal Code classifies Misuse of Official Information as either a third degree felony, second degree felony, or first degree felony, depending on the circumstances.

Learn more about the penalty range for this offense in the section above.

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Legal References:

^1. Texas Penal Code §39.06. This law is current as of 2025.^2. Texas Penal Code §39.06(e)^3. Texas Penal Code §39.06(e), as amended by HB 2001, 89th Legislature (RS), Section 1^4. HB 2001, 89th Legislature (RS), Sections 2, 3^5. Texas Penal Code §39.06(e), (g), as amended by HB 2001, 89th Legislature (RS), Section 1^6. HB 2001, 89th Legislature (RS), Section 3^7. Texas Penal Code §39.06(e), (g), as amended by HB 2001, 89th Legislature (RS), Section 1^8. HB 2001, 89th Legislature (RS), Sections 2, 3^9. Code of Criminal Procedure art. 12.02(a)^10. HB 2001, 89th Legislature (RS), Sections 2, 3^11. Code of Criminal Procedure art. 12.01(11)^12. Code of Criminal Procedure art. 12.02(a)^13. See Chapter 42A, Texas Code of Criminal Procedure, Art. 42A.054, Art. 42A.056, Art. 42A.102^14. Art. 42A.053(c), Texas Code of Criminal Procedure^15. Art. 42A.054(b), Texas Code of Criminal Procedure