BILL ANALYSIS C.S.H.B. 2001 By: Meyer State Affairs Committee Report (Substituted) BACKGROUND AND PURPOSE Current law sets the penalty for a misuse of official information by a public servant as a third degree felony. However, current law does not consider the amount a perpetrator financially gains from the unlawful acts. C.S.H.B. 2001 seeks to address this issue by creating a tiered system of punishment for this offense that is based on the amount of financial gain to the actor. CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill expressly does one or more of the following: creates a criminal offense, increases the punishment for an existing criminal offense or category of offenses, or changes the eligibility of a person for community supervision, parole, or mandatory supervision. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS C.S.H.B. 2001 amends the Penal Code to establish a range of penalties for a misuse of official information offense resulting in a net pecuniary gain to the actor that is based on the amount gained. An offense involving a net pecuniary gain of less than $150,000 remains a third degree felony, while the penalty is enhanced as follows: to a second degree felony if the net pecuniary gain is $150,000 or more but less than $300,000; and to a first degree felony if the net pecuniary gain is $300,000 or more. The bill repeals the reduced Class C misdemeanor penalty for a misuse of official information offense involving a public servant, including a school administrator, who, relying on information that has not been made public to which the public servant has access by virtue of their office or employment, coerces another into suppressing or failing to report that information to a law enforcement agency. C.S.H.B. 2001 applies only to an offense committed on or after the bill's effective date. An offense committed before the bill's effective date is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. For these purposes, an offense was committed before the bill's effective date if any element of the offense occurred before that date. C.S.H.B. 2001 repeals Section 39.06(f), Penal Code. EFFECTIVE DATE September 1, 2025. COMPARISON OF INTRODUCED AND SUBSTITUTE C.S.H.B. 2001 differs from the introduced only by amending the caption.
BILL ANALYSIS
# BILL ANALYSIS
C.S.H.B. 2001
By: Meyer
State Affairs
Committee Report (Substituted)
C.S.H.B. 2001
By: Meyer
State Affairs
Committee Report (Substituted)
BACKGROUND AND PURPOSE Current law sets the penalty for a misuse of official information by a public servant as a third degree felony. However, current law does not consider the amount a perpetrator financially gains from the unlawful acts. C.S.H.B. 2001 seeks to address this issue by creating a tiered system of punishment for this offense that is based on the amount of financial gain to the actor.
CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill expressly does one or more of the following: creates a criminal offense, increases the punishment for an existing criminal offense or category of offenses, or changes the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS C.S.H.B. 2001 amends the Penal Code to establish a range of penalties for a misuse of official information offense resulting in a net pecuniary gain to the actor that is based on the amount gained. An offense involving a net pecuniary gain of less than $150,000 remains a third degree felony, while the penalty is enhanced as follows: to a second degree felony if the net pecuniary gain is $150,000 or more but less than $300,000; and to a first degree felony if the net pecuniary gain is $300,000 or more. The bill repeals the reduced Class C misdemeanor penalty for a misuse of official information offense involving a public servant, including a school administrator, who, relying on information that has not been made public to which the public servant has access by virtue of their office or employment, coerces another into suppressing or failing to report that information to a law enforcement agency. C.S.H.B. 2001 applies only to an offense committed on or after the bill's effective date. An offense committed before the bill's effective date is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. For these purposes, an offense was committed before the bill's effective date if any element of the offense occurred before that date. C.S.H.B. 2001 repeals Section 39.06(f), Penal Code.
EFFECTIVE DATE September 1, 2025.
COMPARISON OF INTRODUCED AND SUBSTITUTE C.S.H.B. 2001 differs from the introduced only by amending the caption.
BACKGROUND AND PURPOSE
Current law sets the penalty for a misuse of official information by a public servant as a third degree felony. However, current law does not consider the amount a perpetrator financially gains from the unlawful acts. C.S.H.B. 2001 seeks to address this issue by creating a tiered system of punishment for this offense that is based on the amount of financial gain to the actor.
CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill expressly does one or more of the following: creates a criminal offense, increases the punishment for an existing criminal offense or category of offenses, or changes the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
C.S.H.B. 2001 amends the Penal Code to establish a range of penalties for a misuse of official information offense resulting in a net pecuniary gain to the actor that is based on the amount gained. An offense involving a net pecuniary gain of less than $150,000 remains a third degree felony, while the penalty is enhanced as follows:
to a second degree felony if the net pecuniary gain is $150,000 or more but less than $300,000; and
to a first degree felony if the net pecuniary gain is $300,000 or more.
The bill repeals the reduced Class C misdemeanor penalty for a misuse of official information offense involving a public servant, including a school administrator, who, relying on information that has not been made public to which the public servant has access by virtue of their office or employment, coerces another into suppressing or failing to report that information to a law enforcement agency.
C.S.H.B. 2001 applies only to an offense committed on or after the bill's effective date. An offense committed before the bill's effective date is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. For these purposes, an offense was committed before the bill's effective date if any element of the offense occurred before that date.
C.S.H.B. 2001 repeals Section 39.06(f), Penal Code.
EFFECTIVE DATE
September 1, 2025.
COMPARISON OF INTRODUCED AND SUBSTITUTE
C.S.H.B. 2001 differs from the introduced only by amending the caption.