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Texas Laws | Penal Code
PENAL CODE
TITLE 7. OFFENSES AGAINST PROPERTY

(d) When multiple payments or monetary or in-kind benefits are provided under the Medicaid program as a result of one scheme or continuing course of conduct, the conduct may be considered as one offense and the amounts of the payments or monetary or in-kind benefits aggregated in determining the grade of the offense. (3891)

(e) The punishment prescribed for an offense under this section, other than the punishment prescribed by Subsection (b)(7), is increased to the punishment prescribed for the next highest category of offense if it is shown beyond a reasonable doubt on the trial of the offense that the actor was a provider or high managerial agent at the time of the offense. (3892)

(f) With the consent of the appropriate local county or district attorney, the attorney general has concurrent jurisdiction with that consenting local prosecutor to prosecute an offense under this section that involves the Medicaid program. (3893)

Added by Acts 2005, 79th Leg., Ch. 806 (S.B. 563), Sec. 16, eff. September 1, 2005. (3894)

Amended by: (3895)

Acts 2007, 80th Leg., R.S., Ch. 127 (S.B. 1694), Sec. 5, eff. September 1, 2007. (3896)

Acts 2011, 82nd Leg., R.S., Ch. 398 (S.B. 544), Sec. 8, eff. September 1, 2011. (3897)

Acts 2011, 82nd Leg., R.S., Ch. 620 (S.B. 688), Sec. 9, eff. September 1, 2011. (3898)

Acts 2015, 84th Leg., R.S., Ch. 1251 (H.B. 1396), Sec. 27, eff. September 1, 2015. (3899)

TITLE 8. OFFENSES AGAINST PUBLIC ADMINISTRATION (3900)(Text)

CHAPTER 36. BRIBERY AND CORRUPT INFLUENCE (3901)(Text)

Sec. 36.01. DEFINITIONS. (3902)(Text)

In this chapter: (3903)

(1) "Custody" means: (3904)

(A) detained or under arrest by a peace officer; or (3905)

(B) under restraint by a public servant pursuant to an order of a court. (3906)

(2) "Party official" means a person who holds any position or office in a political party, whether by election, appointment, or employment. (3907)

(3) "Benefit" means anything reasonably regarded as pecuniary gain or pecuniary advantage, including benefit to any other person in whose welfare the beneficiary has a direct and substantial interest. (3908)

(4) "Vote" means to cast a ballot in an election regulated by law. (3909)

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1975, 64th Leg., p. 915, ch. 342, Sec. 11, eff. Sept. 1, 1975; Acts 1983, 68th Leg., p. 3237, ch. 558, Sec. 1, eff. Sept. 1, 1983; Acts 1989, 71st Leg., ch. 67, Sec. 2, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 304, Sec. 4.01, eff. Jan. 1, 1992; Acts 1991, 72nd Leg., ch. 565, Sec. 3, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. (3910)

Sec. 36.02. BRIBERY. (3911)(Text)

(a) A person commits an offense if he intentionally or knowingly offers, confers, or agrees to confer on another, or solicits, accepts, or agrees to accept from another: (3912)

(1) any benefit as consideration for the recipient's decision, opinion, recommendation, vote, or other exercise of discretion as a public servant, party official, or voter; (3913)

(2) any benefit as consideration for the recipient's decision, vote, recommendation, or other exercise of official discretion in a judicial or administrative proceeding; (3914)

(3) any benefit as consideration for a violation of a duty imposed by law on a public servant or party official; or (3915)

(4) any benefit that is a political contribution as defined by Title 15, Election Code, or that is an expenditure made and reported in accordance with Chapter 305, Government Code, if the benefit was offered, conferred, solicited, accepted, or agreed to pursuant to an express agreement to take or withhold a specific exercise of official discretion if such exercise of official discretion would not have been taken or withheld but for the benefit; notwithstanding any rule of evidence or jury instruction allowing factual inferences in the absence of certain evidence, direct evidence of the express agreement shall be required in any prosecution under this subdivision. (3916)

(b) It is no defense to prosecution under this section that a person whom the actor sought to influence was not qualified to act in the desired way whether because he had not yet assumed office or he lacked jurisdiction or for any other reason. (3917)

(c) It is no defense to prosecution under this section that the benefit is not offered or conferred or that the benefit is not solicited or accepted until after: (3918)

(1) the decision, opinion, recommendation, vote, or other exercise of discretion has occurred; or (3919)

(2) the public servant ceases to be a public servant. (3920)

(d) It is an exception to the application of Subdivisions (1), (2), and (3) of Subsection (a) that the benefit is a political contribution as defined by Title 15, Election Code, or an expenditure made and reported in accordance with Chapter 305, Government Code. (3921)

(e) An offense under this section is a felony of the second degree. (3922)

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1975, 64th Leg., p. 915, ch. 342, Sec. 11, eff. Sept. 1, 1975; Acts 1983, 68th Leg., p. 3237, ch. 558, Sec. 2, eff. Sept. 1, 1983; Acts 1991, 72nd Leg., ch. 304, Sec. 4.02, eff. Jan. 1, 1992; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. (3923)

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