HB2001

HB2001 increases punishment for misuse of official information when the offender’s net financial gain reaches specified thresholds. The default remains a third-degree felony, including cases with no net financial gain. If the offense produces a net gain to the offender, it is a third-degree felony below $150,000, a second-degree felony from $150,000 to less than $300,000, and a first-degree felony at $300,000 or more. These thresholds concern net gain to the person committing the offense, not every gross transaction value or alleged loss to someone else. Final law, Section 1.

The existing offense covers specified misuse of nonpublic official information: a public servant using it to acquire a financial interest or speculate, certain coercion to suppress or not report it to law enforcement, and certain disclosure, use, solicitation or receipt with intent to benefit, harm or defraud. It can apply to a person receiving or soliciting information from a public servant as well as to the public servant. The statute defines covered nonpublic information as information not generally accessible to the public and prohibited from disclosure under the Public Information Act. HB2001 does not make all discussion of government information a crime. Penal Code 39.06(a)–(d).

The bill also repeals the former Class C misdemeanor exception for the coercion offense in Section 39.06(a)(3)—a public servant, including a school administrator, coercing another person to suppress or fail to report the covered information to law enforcement. That conduct now falls under the felony framework rather than the former fine-only exception. This change matters even when there is no financial gain. Final law, Sections 1–2; official statute as of August 31, 2025.

Ordinary prison ranges are 2–10 years for a third-degree felony, 2–20 years for a second-degree felony, and 5–99 years or life for a first-degree felony; each may also carry a fine up to $10,000. The former Class C category carried a fine up to $500. Other sentencing rules can affect an individual case. Penal Code 12.23, 12.32–12.34.

The changes apply only to offenses committed on or after September 1, 2025. If any element occurred before that date, the old law continues to govern. Final law, Sections 3–4.