Texas Penal Code
Sec. § 36.09
Offering Gift to Public Servant


(a)

A person commits an offense if he offers, confers, or agrees to confer any benefit on a public servant that he knows the public servant is prohibited by law from accepting.

(b)

An offense under this section is a Class A misdemeanor.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Sec. 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 Section 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 Section 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)

Section 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.

(c)

Section 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)

Section 36.08 (Gift to Public Servant) does not apply to a gratuity accepted and reported in accordance with Section 11.0262, Parks and Wildlife Code. Section 36.09 (Offering Gift to Public Servant) does not apply to a gratuity that is offered in accordance with Section 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 Section 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.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1975, 64th Leg., p. 915, ch. 342, Sec. 11, eff. Sept. 1, 1975; Acts 1981, 67th Leg., p. 2707, ch. 738, Sec. 1, eff. Jan. 1, 1982; Acts 1983, 68th Leg., p. 3240, ch. 558, Sec. 6, eff. Sept. 1, 1983; Acts 1987, 70th Leg., ch. 472, Sec. 60, eff. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. 304, Sec. 4.05, eff. Jan. 1, 1992; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 76, Sec. 5.95(38), eff. Sept. 1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 639 (H.B. 2685), Sec. 2, eff. September 1, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 56 (S.B. 1269), Sec. 2, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 1149 (S.B. 148), Sec. 1, eff. September 1, 2013.
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Last accessed
Jun. 17, 2019