Texas Penal Code Sec. Abuse of Official Capacity. Repayment may be a mitigating factor, but is not a defense. Texas Penal Code Sec. Securing Execution of Document by Deception.
Classification depends on the amount in controversy.
The amount involved is sufficient to constitute a first degree felony. The Court recommends further investigation of this matter. These charges were not for any school board related activities and constituted violations of Article 32.45 and 39.02 of the Texas Penal Code. Failure to account for cash travel advances. Although requested numerous times by administrative personnel to reimburse the school district, Mr. Reyes failed to do so for over one year.