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Texas Laws | Penal Code
PENAL CODE
TITLE 8. OFFENSES AGAINST PUBLIC ADMINISTRATION

(1) the actor observes the commission or attempted commission of an offense prohibited by Section 21.02 or 22.021(a)(2)(B) under circumstances in which a reasonable person would believe that an offense of a sexual or assaultive nature was being committed or was about to be committed against the child; (4597)

(2) the actor fails to assist the child or immediately report the commission of the offense to a peace officer or law enforcement agency; and (4598)

(3) the actor could assist the child or immediately report the commission of the offense without placing the actor in danger of suffering serious bodily injury or death. (4599)

(b) An offense under this section is a Class A misdemeanor. (4600)

Added by Acts 1999, 76th Leg., ch. 1344, Sec. 1, eff. Sept. 1, 1999. (4601)

Amended by: (4602)

Acts 2007, 80th Leg., R.S., Ch. 593 (H.B. 8), Sec. 3.50, eff. September 1, 2007. (4603)

Sec. 38.171. FAILURE TO REPORT FELONY. (4604)(Text)

(a) A person commits an offense if the person: (4605)

(1) observes the commission of a felony under circumstances in which a reasonable person would believe that an offense had been committed in which serious bodily injury or death may have resulted; and (4606)

(2) fails to immediately report the commission of the offense to a peace officer or law enforcement agency under circumstances in which: (4607)

(A) a reasonable person would believe that the commission of the offense had not been reported; and (4608)

(B) the person could immediately report the commission of the offense without placing himself or herself in danger of suffering serious bodily injury or death. (4609)

(b) An offense under this section is a Class A misdemeanor. (4610)

Added by Acts 2003, 78th Leg., ch. 1009, Sec. 2, eff. Sept. 1, 2003. (4611)

Sec. 38.18. USE OF ACCIDENT REPORT INFORMATION AND OTHER INFORMATION FOR PECUNIARY GAIN. (4612)(Text)

(a) This section applies to: (4613)

(1) information described by Section 550.065(a), Transportation Code; (4614)

(2) information reported under Chapter 772, Health and Safety Code, other than information that is confidential under that chapter; and (4615)

(3) information contained in a dispatch log, a towing record, or a record of a 9-1-1 service provider, other than information that is confidential under Chapter 772, Health and Safety Code. (4616)

(b) A person commits an offense if: (4617)

(1) the person obtains information described by Subsection (a) from the Department of Public Safety of the State of Texas or other governmental entity; and (4618)

(2) the information is subsequently used for the direct solicitation of business or employment for pecuniary gain by: (4619)

(A) the person; (4620)

(B) an agent or employee of the person; or (4621)

(C) the person on whose behalf the information was requested. (4622)

(c) A person who employs or engages another to obtain information described by Subsection (a) from the Department of Public Safety or other governmental entity commits an offense if the person subsequently uses the information for direct solicitation of business or employment for pecuniary gain. (4623)

(d) An offense under this section is a Class B misdemeanor. (4624)

Added by Acts 2001, 77th Leg., ch. 1032, Sec. 1, eff. Sept. 1, 2001. (4625)

Sec. 38.19. FAILURE TO PROVIDE NOTICE AND REPORT OF DEATH OF RESIDENT OF INSTITUTION. (4626)(Text)

(a) A superintendent or general manager of an institution commits an offense if, as required by Article 49.24 or 49.25, Code of Criminal Procedure, the person fails to: (4627)

(1) provide notice of the death of an individual under the care, custody, or control of or residing in the institution; (4628)

(2) submit a report on the death of the individual; or (4629)

(3) include in the report material facts known or discovered by the person at the time the report was filed. (4630)

(b) An offense under this section is a Class B misdemeanor. (4631)

Added by Acts 2003, 78th Leg., ch. 894, Sec. 4, eff. Sept. 1, 2003. (4632)

CHAPTER 39. ABUSE OF OFFICE (4633)(Text)

Sec. 39.01. DEFINITIONS. (4634)(Text)

In this chapter: (4635)

(1) "Law relating to a public servant's office or employment" means a law that specifically applies to a person acting in the capacity of a public servant and that directly or indirectly: (4636)

(A) imposes a duty on the public servant; or (4637)

(B) governs the conduct of the public servant. (4638)

(2) "Misuse" means to deal with property contrary to: (4639)

(A) an agreement under which the public servant holds the property; (4640)

(B) a contract of employment or oath of office of a public servant; (4641)

(C) a law, including provisions of the General Appropriations Act specifically relating to government property, that prescribes the manner of custody or disposition of the property; or (4642)

(D) a limited purpose for which the property is delivered or received. (4643)

Added by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. (4644)

Sec. 39.015. CONCURRENT JURISDICTION TO PROSECUTE OFFENSES UNDER THIS CHAPTER. (4645)(Text)

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