Texas Penal Code 36.10 – Non-Applicable
(a) Sections 36.08 (Gift to Public Servant) and 36.09 (Offering Gift to Public Servant) do not apply to:
(1) a fee prescribed by law to be received by a public servant or any other benefit to which the public servant is lawfully entitled or for which he gives legitimate consideration in a capacity other than as a public servant;
(2) a gift or other benefit conferred on account of kinship or a personal, professional, or business relationship independent of the official status of the recipient;
(3) a benefit to a public servant required to file a statement under Chapter 572, Government Code, or a report under Title 15, Election Code, that is derived from a function in honor or appreciation of the recipient if:
(A) the benefit and the source of any benefit in excess of $50 is reported in the statement; and
(B) the benefit is used solely to defray the expenses that accrue in the performance of duties or activities in connection with the office which are nonreimbursable by the state or political subdivision;
(4) a political contribution as defined by Title 15, Election Code;
(5) a gift, award, or memento to a member of the legislative or executive branch that is required to be reported under Chapter 305, Government Code;
(6) an item with a value of less than $50, excluding cash or a negotiable instrument as described by § 3.104, Business & Commerce Code;
(7) an item issued by a governmental entity that allows the use of property or facilities owned, leased, or operated by the governmental entity;
(8) transportation, lodging, and meals described by § 36.07(b); or
(9) complimentary legal advice or legal services relating to a will, power of attorney, advance directive, or other estate planning document rendered:
(A) to a public servant who is a first responder; and
(B) through a program or clinic that is:
(i) operated by a local bar association or the State Bar of Texas; and
(ii) approved by the head of the agency employing the public servant, if the public servant is employed by an agency.
(b) § 36.08 (Gift to Public Servant) does not apply to food, lodging, transportation, or entertainment accepted as a guest and, if the donee is required by law to report those items, reported by the donee in accordance with that law.
Terms Used In Texas Penal Code 36.10
- Agency: includes authority, board, bureau, commission, committee, council, department, district, division, and office. See Texas Penal Code 1.07
- Association: means a government or governmental subdivision or agency, trust, partnership, or two or more persons having a joint or common economic interest. See Texas Penal Code 1.07
- Benefit: means anything reasonably regarded as economic gain or advantage, including benefit to any other person in whose welfare the beneficiary is interested. See Texas Penal Code 1.07
- Donee: The recipient of a gift.
- Donor: The person who makes a gift.
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Government: means :
(A) the state;
(B) a county, municipality, or political subdivision of the state; or
(C) any branch or agency of the state, a county, municipality, or political subdivision. See Texas Penal Code 1.07 - Individual: means a human being who is alive, including an unborn child at every stage of gestation from fertilization until birth. See Texas Penal Code 1.07
- Law: means the constitution or a statute of this state or of the United States, a written opinion of a court of record, a municipal ordinance, an order of a county commissioners court, or a rule authorized by and lawfully adopted under a statute. See Texas Penal Code 1.07
- Peace officer: means a person elected, employed, or appointed as a peace officer under Article Texas Penal Code 1.07
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- Property: means real and personal property. See Texas Government Code 311.005
- Public servant: means a person elected, selected, appointed, employed, or otherwise designated as one of the following, even if he has not yet qualified for office or assumed his duties:
(A) an officer, employee, or agent of government;
(B) a juror or grand juror; or
(C) an arbitrator, referee, or other person who is authorized by law or private written agreement to hear or determine a cause or controversy; or
(D) an attorney at law or notary public when participating in the performance of a governmental function; or
(E) a candidate for nomination or election to public office; or
(F) a person who is performing a governmental function under a claim of right although he is not legally qualified to do so. See Texas Penal Code 1.07
(c) § 36.09 (Offering Gift to Public Servant) does not apply to food, lodging, transportation, or entertainment accepted as a guest and, if the donor is required by law to report those items, reported by the donor in accordance with that law.
(d) § 36.08 (Gift to Public Servant) does not apply to a gratuity accepted and reported in accordance with § 11.0262, Parks and Wildlife Code. § 36.09 (Offering Gift to Public Servant) does not apply to a gratuity that is offered in accordance with § 11.0262, Parks and Wildlife Code.
(e) In this section, “first responder” means:
(1) a peace officer whose duties include responding rapidly to an emergency;
(2) fire protection personnel, as that term is defined by § 419.021, Government Code;
(3) a volunteer firefighter who performs firefighting duties on behalf of a political subdivision and who is not serving as a member of the Texas Legislature or holding a statewide elected office;
(4) an ambulance driver; or
(5) an individual certified as emergency medical services personnel by the Department of State Health Services.