This section makes it an offense for a public servant, and in one part any person, to misuse nonpublic official information, with felony penalties that increase if the offense produces net pecuniary gain.
Sec. 39.06. MISUSE OF OFFICIAL INFORMATION. (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. (e) Except as provided by Subsection (g), an offense under this section is a felony of the third degree. (f) Repealed by Acts 2025, 89th Leg., R.S., Ch. 397 (H.B. 2001), Sec. 2, eff. September 1, 2025. (g) If the commission of an offense under this section results in a net pecuniary gain to the person committing the offense, the offense is: (1) a felony of the third degree if the net pecuniary gain is less than $150,000; (2) a felony of the second degree if the net pecuniary gain is $150,000 or more but less than $300,000; or (3) a felony of the first degree if the net pecuniary gain is $300,000 or more. Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1983, 68th Leg., p. 3243, ch. 558, Sec. 9, eff. Sept. 1, 1983; Acts 1987, 70th Leg., ch. 30, Sec. 1, eff. Sept. 1, 1987; Acts 1987, 70th Leg., 2nd C.S., ch. 43, Sec. 3, eff. Oct. 20, 1987; Acts 1989, 71st Leg., ch. 927, Sec. 1, eff. Aug. 28, 1989. Renumbered from Penal Code Sec. 39.03 and amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(90), eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 76, Sec. 14.52, eff. Sept. 1, 1995. Amended by: Acts 2015, 84th Leg., R.S., Ch. 1043 (H.B. 1783), Sec. 5, eff. September 1, 2015. Acts 2025, 89th Leg., R.S., Ch. 397 (H.B. 2001), Sec. 1, eff. September 1, 2025. Acts 2025, 89th Leg., R.S., Ch. 397 (H.B. 2001), Sec. 2, eff. September 1, 2025.