Terms Used In Texas Penal Code Chapter 39 - Abuse of Office

• Act: means a bodily movement, whether voluntary or involuntary, and includes speech. See Texas Penal Code 1.07
• Actor: means a person whose criminal responsibility is in issue in a criminal action. See Texas Penal Code 1.07
• Agency: includes authority, board, bureau, commission, committee, council, department, district, division, and office. See Texas Penal Code 1.07
• Another: means a person other than the actor. See Texas Penal Code 1.07
• Arrest: Taking physical custody of a person by lawful authority.
• Benefit: means anything reasonably regarded as economic gain or advantage, including benefit to any other person in whose welfare the beneficiary is interested. See Texas Penal Code 1.07
• Civil commitment facility: means a facility owned, leased, or operated by the state, or by a vendor under contract with the state, that houses only persons who have been civilly committed as sexually violent predators under Chapter 841, Health and Safety Code. See Texas Penal Code 1.07
• Conduct: means an act or omission and its accompanying mental state. See Texas Penal Code 1.07
• Consent: means assent in fact, whether express or apparent. See Texas Penal Code 1.07
• Correctional facility: means a place designated by law for the confinement of a person arrested for, charged with, or convicted of a criminal offense. See Texas Penal Code 1.07
• Death: includes , for an individual who is an unborn child, the failure to be born alive. See Texas Penal Code 1.07
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Felony: means an offense so designated by law or punishable by death or confinement in a penitentiary. See Texas Penal Code 1.07
• Government: means :
  (A) the state;
  (B) a county, municipality, or political subdivision of the state; or
  (C) any branch or agency of the state, a county, municipality, or political subdivision. See Texas Penal Code 1.07
• Harm: means anything reasonably regarded as loss, disadvantage, or injury, including harm to another person in whose welfare the person affected is interested. See Texas Penal Code 1.07
• Individual: means a human being who is alive, including an unborn child at every stage of gestation from fertilization until birth. See Texas Penal Code 1.07
• Law: means the constitution or a statute of this state or of the United States, a written opinion of a court of record, a municipal ordinance, an order of a county commissioners court, or a rule authorized by and lawfully adopted under a statute. See Texas Penal Code 1.07
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Misdemeanor: means an offense so designated by law or punishable by fine, by confinement in jail, or by both fine and confinement in jail. See Texas Penal Code 1.07
• Peace officer: means a person elected, employed, or appointed as a peace officer under Article Texas Penal Code 1.07
• Person: means an individual or a corporation, association, limited liability company, or other entity or organization governed by the Business Organizations Code. See Texas Penal Code 1.07
• Possession: means actual care, custody, control, or management. See Texas Penal Code 1.07
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• 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. See Texas Penal Code 1.07
• Testator: A male person who leaves a will at death.
• Unlawful: means criminal or tortious or both and includes what would be criminal or tortious but for a defense not amounting to justification or privilege. See Texas Penal Code 1.07
• Ward: means a person for whom a guardian has been appointed. See Texas Estates Code 22.033