TBCE Proposes New Rules 77.13 - 77.17
Written by Editor   
Wednesday, September 09, 2015 02:49 PM

The Texas Board of Chiropractic Examiners (Board) proposes new §§77.13-77.17, concerning Bribery, Coercion of Public Servant or Voter, Improper Influence, Tampering with a Witness, and Obstruction or Retaliation. Red indicates newly added language.  Strikethrough indicates language to be deleted.

 §77.13. Bribery. 

(a) A person commits a violation if they intentionally or knowingly offer, confer, or agree to confer on another, or solicit, accept, or agree to accept from another:
 
(1) any benefit as consideration for the recipient's decision, opinion, recommendation, vote, or other exercise of discretion as a public servant, party official, or voter;
 
(2) any benefit as consideration for the recipient's decision, vote, recommendation, or other exercise of official discretion in a judicial or administrative proceeding; or
 
(3) any benefit as consideration for a violation of a duty imposed by law on a public servant or party official.
 
(b) It is no defense to enforcement of this violation under this section that the benefit is not offered or conferred or that the benefit is not solicited or accepted until after:
 
(1) the decision, opinion, recommendation, vote, or other exercise of discretion has occurred; or
 
(2) the public servant ceases to be a public servant.
 
(c) It is an exception to the application of paragraphs (1), (2), and (3) of subsection (a) that the benefit is a political contribution as defined by Title 15, Election Code, or an expenditure made and reported in accordance with Chapter 305, Government Code.

§77.14.Coercion of Public Servant or Voter.
 
(a) A person commits a violation if by means of coercion they:
 
(1) influence or attempt to influence a public servant in a specific exercise of his official power or a specific performance of his official duty or influences or attempts to influence a public servant to violate the public servant's known legal duty; or
 
(2) influence or attempt to influence a voter not to vote or to vote in a particular manner.
 
(b) It is an exception to the application of subsection (a)(1) of this section that the person who influences or attempts to influence the public servant is a member of the governing body of a governmental entity, and that the action that influences or attempts to influence the public servant is an official action taken by the member of the governing body. For the purposes of this subsection, the term "official action" includes deliberations by the governing body of a governmental entity.

§77.15.Improper Influence.
 
(a) A person commits a violation if they privately address a representation, entreaty, argument, or other communication to any public servant who exercises or will exercise official discretion in an adjudicatory proceeding with an intent to influence the outcome of the proceeding on the basis of considerations other than those authorized by law.
 

(b) For purposes of this section, "adjudicatory or official proceeding" means any proceeding before a court or any other agency of government in which the legal rights, powers, duties, or privileges of specified parties are determined.

 


§77.16. Tampering With a Witness. 

(a) A person commits a violation if, with intent to influence the witness, they offer, confer, or agree to confer any benefit on a witness or prospective witness in an official proceeding, or they coerce a witness or a prospective witness in an official proceeding:
 
(1) to testify falsely;
 
(2) to withhold any testimony, information, document, or thing;
 
(3) to elude legal process summoning him to testify or supply evidence;
 
(4) to absent themselves from an official proceeding to which the witness has been legally summoned; or
 
(5) to abstain from, discontinue, or delay the official proceeding of another.
 
(b) It is a defense to a violation under subsection (a)(5) that the benefit received was:
 
(1) reasonable restitution for damages suffered by the complaining witness as a result of the violation; and
 

(2) a result of an agreement negotiated with the assistance or acquiescence of an attorney for the state who represented the state in the case.


 §77.17.Obstruction or Retaliation. 

(a) A person commits a violation if they intentionally or knowingly harm or threaten to harm another by an unlawful act:
 
(1) in retaliation for or on account of the service or status of another as a:
 
(A) public servant, witness, prospective witness, or informant; or
 
(B) person who has reported or who the actor knows intends to report the occurrence of a crime; or
 
(2) to prevent or delay the service of another as a:
 
(A) public servant, witness, prospective witness, or informant; or
 
(B) person who has reported or who the actor knows intends to report the occurrence of a crime.
 

(b) For purpose of this section, "Informant" means a person who has communicated information to the government in connection with any governmental function.