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  • Writer's pictureBrian Foley

Galveston Criminal Defense Attorney - Texas Code of Criminal Procedure 3.04

In the realm of Texas law, understanding legal statutes can be crucial, especially when it comes to defining and addressing misconduct by public servants. Art. 3.04 of the Texas Code of Criminal Procedure sheds light on what constitutes "Official Misconduct" within the state's legal framework.

Official Misconduct, as defined by this statute, pertains to intentional or knowing violations of the law committed by a public servant while performing official duties. It's a clear delineation aimed at ensuring accountability and upholding the integrity of public service.

Now, let's break it down further:

1. Definition: Official Misconduct is categorized as an offense wherein a public servant, in their official capacity, knowingly or intentionally violates the law. This definition serves as a guidepost for identifying and prosecuting instances of misconduct within the public sector.

2. Public Servant: The term "Public Servant," as referenced in this statute, is defined elsewhere in the legal code (Section 1.07 of the Texas Penal Code). Essentially, it encompasses individuals holding positions of authority or responsibility within governmental entities.

According to the broader definition, a "Public Servant" can include individuals elected, selected, appointed, employed, or otherwise designated to various roles within the governmental structure. This includes officers, employees, agents of government, jurors, arbitrators, attorneys at law, candidates for public office, and even individuals performing governmental functions under a claim of right, regardless of legal qualification.

This statute plays a vital role in maintaining transparency and accountability within governmental bodies. It serves as a deterrent against abuses of power and ensures that public servants adhere to the law while executing their duties.

For individuals residing in Galveston and facing legal challenges related to official misconduct, consulting with a Galveston Criminal Defense Attorney can provide invaluable guidance. These legal professionals possess the expertise and knowledge required to navigate the complexities of Texas law, offering support and representation throughout the legal process.

In conclusion, Art. 3.04 of the Texas Code of Criminal Procedure serves as a cornerstone in combating official misconduct and upholding the principles of accountability and justice within the state. Understanding this statute is essential for both public servants and members of the community alike, as it underscores the importance of ethical conduct and adherence to the law in all aspects of public service.

Art. 3.04. OFFICIAL MISCONDUCT. In this code: (1) "Official misconduct" means an offense that is an intentional or knowing violation of a law committed by a public servant while acting in an official capacity as a public servant. (2) "Public servant" has the meaning assigned by Section 1.07, Penal Code.

(41)  "Public servant" means a person elected, selected, appointed, employed, or otherwise designated as one of the following, even if he has not yet qualified for office or assumed his duties:(A)  an officer, employee, or agent of government;(B)  a juror or grand juror;  or(C)  an arbitrator, referee, or other person who is authorized by law or private written agreement to hear or determine a cause or controversy;  or(D)  an attorney at law or notary public when participating in the performance of a governmental function;  or(E)  a candidate for nomination or election to public office;  or(F)  a person who is performing a governmental function under a claim of right although he is not legally qualified to do so.

For litigants who do not have counsel: Reading this blog post does not create an attorney client relationship. Call to set up a free consultation.


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For attorneys: This Blog is informational and educational in nature and is not a substitute for Westlaw or other research and consultation on specific matters pertaining to your clients. As you know the law can change day to day based on recent case opinions. And unfortunately you shouldn't cite it in court as binding authority because it is not. Mention it to your friends, just seek real consultation if it’s something important.


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