☎ Call Today Free Consult
Criminal Defense • Frisco, Texas
Serving 9 DFW Counties — Collin • Dallas • Denton • Tarrant • Rockwall • Kaufman • Ellis • Johnson • Hunt — Available 24/7
The L and L Law Group team at our Frisco, Texas office — co-founding partners Reggie London and Njeri London with staff
Our Frisco officeEst. 2011
The L and L Law Group team·Frisco, Texas

Texas bribery — Penal Code § 36.02

Texas bribery is a criminal offense under Penal Code § 36.02. Base conduct is classified as a second-degree felony; enhancements and aggravators can move the punishment range higher. Below: the controlling statute text, the full punishment range, common defense theories, and what to do if you have been charged in Collin, Dallas, Denton, or Tarrant County.

Published 2026-05-15 · Reviewed by Reggie London and Njeri London, Co-Founding Partners · Last reviewed: 2026-05-15
Controlling statute: Texas § 36.02
Classification: Second-degree felony
Punishment range: Second-degree felony (2–20 years + $10,000) under § 12.33

The controlling statute

Texas Penal Code § 36.02 criminalizes offering, conferring, soliciting, or accepting any benefit in exchange for the recipient's decision, opinion, recommendation, vote, or other official exercise of discretion as a public servant. The statute reaches both givers and takers — a person who offers a bribe and the public servant who accepts it both commit second-degree felonies. Unlike federal honest-services fraud, Texas bribery requires no proof of an explicit quid pro quo when a 'benefit as consideration' is alleged.

Classification & punishment range

ElementDetail
StatuteTexas § 36.02
ClusterObstruction of Justice
ClassificationSecond-degree felony
RangeSecond-degree felony (2–20 years + $10,000) under § 12.33
Last reviewed2026-05-15

Elements the State must prove

To convict on a Texas § 36.02 charge, the State must prove every element beyond a reasonable doubt:

  1. Defendant offered, conferred, or agreed to confer a benefit (or solicited, accepted, or agreed to accept)
  2. The benefit was in consideration for the recipient's decision, opinion, recommendation, vote, or other exercise of official discretion
  3. The recipient was a public servant, party official, or voter (or the offeror knew/believed so)
  4. Defendant acted intentionally or knowingly

Defense strategies

L and L Law Group, PLLC develops the following defense strategies on every Bribery case:

Enhancements & collateral consequences

Federal exposure under 18 U.S.C. § 666 (Theft or Bribery Concerning Programs Receiving Federal Funds) frequently parallels state bribery charges where federal grants are involved. § 36.02 has no internal tiering — all bribery is second-degree — but related theft and money-laundering charges often stack. Charges under § 71.02 (Engaging in Organized Criminal Activity) elevate exposure to first-degree felony when bribery is part of a broader scheme.

Key Legal Terms

Public Servant (§ 1.07(a)(41))
Officers, employees, or agents of government — including elected officials, candidates, jurors, arbitrators, party officials, and persons authorized to act in official capacity.
Benefit (§ 1.07(a)(7))
Anything reasonably regarded as pecuniary gain or advantage; sweeping definition reaching indirect benefits to third parties.
Election Code Exemption (§ 36.02(b))
Statutory exclusion for political contributions made and reported under Title 15 of the Election Code; protects lawful campaign giving from bribery liability.

Frequently Asked Questions

Is a campaign contribution bribery in Texas?
Generally no. § 36.02(b) excludes lawful contributions reported under the Election Code. But contributions made with an explicit quid pro quo agreement — 'this check for this vote' — exceed the exemption and can support bribery charges.
What counts as a 'benefit' under the statute?
§ 1.07(a)(7) defines benefit broadly — anything reasonably regarded as economic gain or advantage, including indirect benefits to family members or associates. Free meals, travel, and in-kind services all qualify.
Can I be charged with bribery for offering a tip to a city official?
Modest gratuities for services are not bribery, but the line gets thin. Texas Government Code Chapter 572 prohibits public servants from accepting items over $100 from regulated parties. Crossing that threshold for a discretionary act is risky.
Does the public servant have to actually take the official action?
No. The crime is complete when the benefit is offered or accepted with corrupt intent — whether or not the official decision follows. Many bribery prosecutions involve sting operations where no official act actually occurs.
What if the public servant rejected the bribe?
The offeror is still liable under § 36.02(a)(1). The crime occurs on offer with corrupt intent, regardless of whether the official accepts. Recorded refusals by the public servant are common government-sting evidence.

References & Authoritative Sources

  1. Texas § 36.02
  2. Texas CCP Chapter 42A — Community Supervision
  3. Texas Courts
  4. Texas Department of Public Safety
  5. Texas State Law Library

About the Authors

Reggie London

Co-Founding Partner · Texas Bar No. 24043514

Reggie London co-founded L and L Law Group with a focus on federal criminal defense, complex felony defense, and TEA/SBEC matters. Licensed in Texas, admitted to TXND and TXED.

Njeri London

Co-Founding Partner · Texas Bar No. 24043266

Njeri London co-founded L and L Law Group with a focus on DWI defense, family violence cases, and juvenile defense. Licensed in Texas, admitted to TXND and TXED.

Charged with Bribery? Talk to L and L Law Group.

Co-founding partners Reggie London and Njeri London personally handle every case. Free consultation. Frisco, Texas.

Call (972) 370-5060

Service Areas

L&L Law Group represents clients across North Texas counties for DWI, assault, drug crimes, juvenile defense, outstanding warrants, bond reduction, and expunction matters.

Call Email Map Top
developed by MPR Digital Legal Services