Section 32.44 is the Texas match-fixing statute. It reaches both sides of a bribe, and it also covers physical tampering with equipment, playing conditions, or animals.
What the Statute Says
(a) A person commits an offense if, with intent to affect the outcome (including the score) of a publicly exhibited contest: (1) he offers, confers, or agrees to confer any benefit on, or threatens harm to: (A) a participant in the contest to induce him not to use his best efforts; or (B) an official or other person associated with the contest; or (2) he tampers with a person, animal, or thing in a manner contrary to the rules of the contest.
(b) A person commits an offense if he intentionally or knowingly solicits, accepts, or agrees to accept any benefit the conferring of which is an offense under Subsection (a).
(c) An offense under this section is a Class A misdemeanor.
What It Covers
Both sides of the transaction. Subsection (a) reaches the person offering; subsection (b) reaches the participant, official, trainer, or associate who solicits or accepts. Agreement alone completes the offense — no money need change hands and no game need be affected.
More than bribery. Subsection (a)(2) covers tampering with a person, animal, or thing contrary to the rules. That reaches equipment alteration, interference with a playing surface or scoring system, and — in racing and equestrian contexts — conduct directed at an animal.
"Publicly exhibited contest" is broad enough to include professional and amateur sporting events, racing, and organized competitions generally.
Where Larger Exposure Lies
A Class A misdemeanor is frequently the least of it. The same conduct commonly supports:
- Theft and fraud charges, where wagering proceeds are involved;
- Engaging in organized criminal activity under Section 71.02, which raises the offense a category where three or more people are involved in a combination;
- Gambling promotion offenses under Chapter 47; and
- Federal charges — the Sports Bribery Act and wire fraud statutes, which carry far heavier penalties and are the more likely vehicle in any significant case. See our federal criminal defense page.
Defenses
Intent to affect the outcome. This is the element. Payments, gifts, and hospitality between people connected to sport are common and lawful. Endorsement money, appearance fees, training payments, and ordinary gifts are not offenses without the specific intent to affect a result.
"Best efforts." Subsection (a)(1)(A) targets inducement not to use best efforts. Resting a player, managing a workload, or strategic decisions about lineup and effort are coaching judgments, not crimes.
No agreement. Talk without a meeting of the minds is not an agreement to confer or accept.
Contrary to the rules. The tampering theory is measured against the rules of the contest. Equipment preparation permitted by the governing body is not tampering, and the applicable rulebook is the controlling document.
Cooperating witnesses. These cases are usually built on participants who have been given immunity or leniency. Their agreements and motives are the central cross-examination.
Related
- Section 32.441 — illegal recruitment of an athlete
- Bribery (36.02) · Houston federal criminal defense
Charged in Harris County?
Brian Foley is Board Certified in Criminal Law by the Texas Board of Legal Specialization and a former Harris County Felony Chief Prosecutor; Luis Baez is a former Trial Bureau Chief. Call or text (713) 703-1718 for a free, confidential consultation.