HB 2001

Overall Vote Recommendation
Yes
Principle Criteria
neutral
Free Enterprise
neutral
Property Rights
positive
Personal Responsibility
positive
Limited Government
positive
Individual Liberty
Digest
HB 2001 seeks to increase the criminal penalties for public servants who engage in insider trading or misuse of official, nonpublic information. The bill modifies Section 39.06 of the Texas Penal Code, which governs offenses related to the misuse of official information. Currently, any violation of this statute is classified uniformly as a third-degree felony. H.B. 2001 introduces a graduated penalty system that bases the severity of the offense on the amount of net pecuniary gain received by the offender.

Under the proposed changes, if a public servant gains less than $150,000 through the misuse of official information, the offense remains a third-degree felony. However, if the gain is between $150,000 and $300,000, it becomes a second-degree felony. A gain of $300,000 or more elevates the offense to a first-degree felony. This structure mirrors Texas's general approach to financial crimes, where penalties scale based on the economic harm or benefit involved.

The bill also repeals an existing provision (Subsection f) and replaces it with the new tiered penalty subsection (g), thereby modernizing the statute to better deter high-value abuses of power. Notably, HB 2001 applies prospectively, affecting only offenses committed on or after its effective date. By aligning criminal penalties more closely with the scope of harm caused by the offense, this bill aims to reinforce ethical standards among public servants and strengthen the public’s trust in state institutions.
Author (3)
Morgan Meyer
Rafael Anchia
Ken King
Co-Author (2)
Eddie Morales
Mihaela Plesa
Sponsor (1)
Paul Bettencourt
Co-Sponsor (1)
Royce West
Fiscal Notes

According to the Legislative Budget Board (LBB), HB 2001 would have no significant fiscal implications for the state. The bill enhances penalties for insider trading and misuse of official information by public officials, using a tiered system based on the amount of net pecuniary gain. While these changes could technically lead to increased prosecutorial activity or incarceration rates, the LBB assumes that any impact on state correctional populations or demand for criminal justice resources would be minimal and not significant enough to affect the state budget materially.

At the local government level, the bill may result in some costs associated with enforcement, prosecution, supervision, or confinement. However, similar to the state-level analysis, these impacts are also assumed to be not significant. Local jurisdictions already handle cases involving public corruption or abuse of office under existing law, and the modifications introduced by H.B. 2001 are not expected to substantially increase caseloads or resource needs.

Overall, while HB 2001 strengthens penalties and reinforces accountability measures for public servants, it does so without generating material new costs for state or local government entities. As such, the bill achieves its policy objectives without imposing a meaningful fiscal burden.

Vote Recommendation Notes

HB 2001 offers a targeted and well-justified enhancement to Texas’s laws addressing public corruption, specifically focusing on the misuse of official, nonpublic information by public servants. The bill revises Section 39.06 of the Penal Code by establishing a tiered penalty structure based on the financial gain obtained from the offense. Offenses involving gains under $150,000 remain third-degree felonies, but more serious cases—those involving gains of $150,000 to $300,000 and over $300,000—are elevated to second- and first-degree felonies, respectively. This adjustment ensures that punishment more appropriately reflects the harm done to public trust and market integrity.

Importantly, HB 2001 does not grow the size or scope of government. It does not establish any new government entities or expand regulatory powers. Rather, it operates entirely within the existing criminal justice framework, updating sentencing guidelines to deter and address high-value corruption more effectively. The regulatory burden on individuals or businesses is not increased, as the law applies exclusively to public officials in their official capacity. Likewise, there is no new cost to taxpayers, as confirmed by the Legislative Budget Board, which found that the bill would have no significant fiscal implications at either the state or local level.

The repeal of an existing misdemeanor provision that allowed for a lighter penalty in cases involving coercion using insider information further underscores the bill’s commitment to ethical governance. By ensuring that all such misconduct is treated with appropriate seriousness, HB 2001 strengthens both deterrence and public confidence in state institutions.

In conclusion, HB 2001 advances key liberty principles—enhancing personal responsibility, supporting limited government, and promoting individual liberty—while imposing no additional burdens on private actors or the public purse. It is a responsible and principled response to a narrow but significant category of misconduct, and as such, Texas Policy Research recommends that lawmakers vote YES on HB 2011.

  • Individual Liberty: The bill reinforces the public’s right to fair and ethical governance by increasing the penalties for public officials who exploit their position for personal financial gain. Insider trading and the misuse of confidential information violate the public trust and undermine confidence in democratic institutions. The bill defends the public’s liberty by deterring such abuses and upholding the integrity of public service.
  • Personal Responsibility: By scaling penalties based on the amount of financial gain, the bill sends a clear message: the more egregious the abuse of power, the greater the personal accountability. This proportional approach aligns with the principle that individuals, especially those in positions of public trust, must be held fully responsible for their actions. It encourages ethical behavior and deters corruption by ensuring meaningful consequences.
  • Free Enterprise: Insider trading by public officials can distort markets and erode confidence in the fairness of the economic system. By deterring such conduct, the bill helps maintain a level playing field for investors and businesses. Markets function best when participants can trust that public officials do not use privileged information for personal advantage. Thus, while not a direct regulation of the marketplace, the bill supports a healthier economic environment.
  • Private Property Rights: The bill does not directly impact private property rights. Its focus is on criminal accountability for public officials, and it does not propose any new rules regarding ownership, land use, or eminent domain. Therefore, this principle remains unaffected.
  • Limited Government: The bill strengthens enforcement of existing standards without expanding government reach or authority. It does not create new programs, regulations, or agencies. Instead, it adjusts the application of existing law to improve justice outcomes. This is a textbook example of limited government in action—addressing a specific problem through a narrowly tailored policy solution, rather than broad, bureaucratic expansion.
View Bill Text and Status