Art. 3.04 OFFICIAL MISCONDUCT

This rule explains what counts as "official misconduct" when a public servant breaks the law while doing their job. It only applies when the person knew what they were doing or meant to do it. Accidents or honest mistakes don't count here. The law has to be broken on purpose or with full knowledge that it was being broken.

A "public servant" isn't just any government worker. The term follows a specific definition found in the Texas Penal Code, Section 1.07. That section spells out exactly who qualifies, such as elected officials, government employees, judges, and others who act on behalf of the government.

This rule matters because it sets the standard for when a public official's actions can be treated as a crime tied to their government role, rather than just a regular offense. It helps courts decide whether someone's conduct while serving in a public position should be judged more seriously because of the trust and authority that comes with that position.