Sec. 32.43.  COMMERCIAL BRIBERY.  (a)  For purposes of this section:

(1)  “Beneficiary” means a person for whom a fiduciary is acting.

(2)  “Fiduciary” means:

(A)  an agent or employee;

(B)  a trustee, guardian, custodian, administrator, executor, conservator, receiver, or similar fiduciary;

(C)  a lawyer, physician, accountant, appraiser, or other professional advisor;  or

(D)  an officer, director, partner, manager, or other participant in the direction of the affairs of a corporation or association.

(b)  A person who is a fiduciary commits an offense if, without the consent of his beneficiary, he intentionally or knowingly solicits, accepts, or agrees to accept any benefit from another person on agreement or understanding that the benefit will influence the conduct of the fiduciary in relation to the affairs of his beneficiary.

(c)  A person commits an offense if he offers, confers, or agrees to confer any benefit the acceptance of which is an offense under Subsection (b).

(d)  An offense under this section is a state jail felony.

(e)  In lieu of a fine that is authorized by Subsection (d), and in addition to the imprisonment that is authorized by that subsection, if the court finds that an individual who is a fiduciary gained a benefit through the commission of an offense under Subsection (b), the court may sentence the individual to pay a fine in an amount fixed by the court, not to exceed double the value of the benefit gained.  This subsection does not affect the application of Section 12.51(c) to an offense under this section committed by a corporation or association.

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