EAO 182

In order for a violation of section 39.01 of the Penal Code to occur, there must be both a “misapplication” of state resources and the misapplication must be made with intent to obtain a benefit or with intent to harm another. A use of state resources for charitable fundraising in compliance with article 6813h, V.T.C.S., would not be a misapplication of such resources. Nor would a use of state resources in connection with a charitable fundraising drive involve an intent to obtain a “benefit” or an intent to “harm” another as defined by section 1.07(a) of the Penal Code.