TexasCHLforum.com

JALLEN wrote:

The Annoyed Man wrote:

JALLEN wrote:Where is this Official Oppression statute?

http://codes.findlaw.com/tx/penal-code/ ... 39-03.html

Texas Penal Code § 39.03. Official Oppression

(a) A public servant acting under color of his office or employment commits an offense if he:
(1) intentionally subjects another to mistreatment or to arrest, detention, search, seizure, dispossession, assessment, or lien that he knows is unlawful;
(2) intentionally denies or impedes another in the exercise or enjoyment of any right, privilege, power, or immunity, knowing his conduct is unlawful;  or
(3) intentionally subjects another to sexual harassment.
(b) For purposes of this section, a public servant acts under color of his office or employment if he acts or purports to act in an official capacity or takes advantage of such actual or purported capacity.
(c) In this section, “sexual harassment” means unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature, submission to which is made a term or condition of a person's exercise or enjoyment of any right, privilege, power, or immunity, either explicitly or implicitly.
(d) An offense under this section is a Class A misdemeanor, except that an offense is a felony of the third degree if the public servant acted with the intent to impair the accuracy of data reported to the Texas Education Agency through the Public Education Information Management System (PEIMS) described by Section 42.006, Education Code, under a law requiring that reporting.

Has anyone been charged or convicted under this statute.

I suppose the loophole is "knows is unlawful."

puma guy wrote:I hope there's an effort in 2017 to add language to SB273 to penalize the individuals who make the decisions to defy the law.