Untitled Texas Attorney General Opinion ( 1978 )

The Attorney General of Texas May 10, 1978 JOHN L. HILL Attorney General Honorable Ben Z. Grant Opinion No. H- 1165 Chairmen House Judiciary Committee Re: Use of public property or State Capitol services for private benefit. Austin, Texas 78711 Dear Representative Grant: The Judiciary Committee has requested an opinion as to whether: 1. an elected official, employee, or appointee of the State, County or Municipal Government can use for private profit or benefit to himself, any property, supplies, equipment, or other things of value belonging to the State, County or Municipalities, and 2. whether or not elected officials, employees or appointees of the State, County or Municipal Govern- ment can knowingly use or knowingly permit to be used for private profit to himself the labor or services of any person whose labor or services is paid for by the State, County or Municipal Government. Your inquiry is prompted perhaps by the repeal of article 9780 of the former Penal Code. This article expressly prohibited such official misconduct, assessing a maximum penalty of a one thousand dollar ($1,000) fine and two years imprisonment. This article was repealed with the passage of the current Penal Code. Acts 1973, 63rd Leg., ch. 399, S 3, at 993. The misconduct about which you inquire is clearly prohibited by current law and there is no implication that the Legislature in repealing article 9780 intended to lift criminal sanctions from such conduct. The Legislature consolidated such offenses under Penal Code chapter 31, which concerns theft. P. 4713 Honorable Ben Z. Grant - Page 2 (H-1165) Misappropriation of public property by public employees ‘or officials for private benefit constitutes theft under section 31.03 of the Penal Code if there is intent to exercise unlawful control over property owned by the state or other governmental entity. Similarly, misuse of public labor or services for private benefit constitutes theft of service under section 3LO4 of the Penal Code. SUMMARY Use of public property, labor, or services by a public official or employee for private benefit constitutes the offense of theft. m-Y-&$ .’ I ; ,/ Attorney General of Texas .%L+ DAVID M. KENDALL. First Assistant C. ROBERT HEATH. Chairman Opinion Commitiee jst P. 4714