23.1.

Introduction Official Oppression

West's Key Number Digest

West's Key Number Digest, Civil Rights 472

West's Key Number Digest, Municipal Corporations 174
West's Key Number Digest, Officers and Public Employees 120
West's Key Number Digest, States 81

Legal Encyclopedias

C.J.S., Civil Rights §§ 476 to 480

C.J.S., Municipal Corporations §§ 411 to 415

C.J.S., Officers and Public Employees § 255

C.J.S., Officers and Public Employees § 257

C.J.S., Officers and Public Employees § 274

C.J.S., States § 129

Chapter 39 of the Penal Code addresses offenses known as abuse of office,

including
official misconduct, official oppression, violation of a person's civil rights,
and
misuse of official information. Only Section 39.02, Abuse of Official
Capacity and
Section 39.03, Official Oppression, have been the subject of appellate
litigation.
Section 39.01 defines two terms: “law relating to a public servant's office or
employment” and “misuse.” A law relating to one's office is one that
specifically
applies to one acting as a public servant and that either imposes a duty on
the
public servant or governs his or her conduct. Misuse means to deal with
property in
a manner contrary to the agreement under which the property is held, to a
contract
of employment or oath of office, to a law prescribing the manner of custody
or
disposition of the property, or to a limited purpose for which the property is
delivered.[FN1]

While Sections 39.02 and 39.03 both can be misdemeanors, they must be
prosecuted in
district court as if they were felonies. Vernon's Ann.C.Cr.P. art. 4.05 gives
the
district courts exclusive jurisdiction over all offenses relating to official
misconduct. The term “official misconduct” here relates to any form of
misconduct,
which is considerably broader than the offenses defined in Chapter 39.[FN2]
Official
misconduct is defined, for purposes of court jurisdiction, by Sections
21.002(b)(2)
and 87.011(3) of the Government Code and includes any intentional
unlawful behavior
relating to official duties by a person entrusted with the administration of
justice
or execution of the law.

[FNa0] Taos, New Mexico

--------------------------------------------------------------------------------

[FN1] V.T.C.A., Penal Code § 39.01 (1993).

[FN2] See State v. Williams, 780 S.W.2d 891 (Tex.App.—San Antonio 1989,
no pet.);
Emerson v. State, 727 S.W.2d 267 (Tex.Crim.App.1987); Gallagher v. State,
690 S.W.2d
587 (Tex.Crim.App.1985); State v. Denton, 893 S.W.2d 125 (Tex.App.—
Austin 1995, pet.
ref'd).