Marcus Pena
(Austin Co. Jail)

A former Austin County Tax Assessor/Collector who is in prison on charges of stealing money from the county and misusing taxpayer dollars has been granted parole.

During a hearing on October 28th, the Texas Board of Pardons and Paroles approved release for 44-year-old Marcus Peña.  He is expected to be released on January 21, 2022.

Peña pleaded guilty in March 2018 and was sentenced to 10 years in prison for Felony Theft and Misapplication of Fiduciary Funds.  He was previously denied parole three times, twice in 2019 and again in December 2020.

As part of Peña’s punishment upon his sentencing, he was also ordered to pay $275,000 in restitution.

After he was sentenced, Peña in August 2018 filed a motion to be released from prison early and placed on “shock probation,” but the motion was denied.  He first became eligible for parole in January 2019.

Peña first took office as Tax Assessor/Collector in January 2013, and served for four years in the position before losing re-election in 2016 to Kim Rinn, who continues to serve in the position.  Peña was arrested in January 2017.

What’s your Reaction?


  1. Felony Theft and Misapplication of Fiduciary Funds. and he has served almost nothing! Has he made restitution? If not will he? $275,000 is not small potatoes. No wonder folks mistrust the government. A slap in the face to citizens and honest government employees.

    1. It’s a catch-22… he needs to serve his time, but he can’t make restitution unless he’s out and working.

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