Texas Penal Code

§ 36.10 — NON-APPLICABLE

PE § 36.10Title 8. OFFENSES AGAINST PUBLIC ADMINISTRATION · Ch. 36. BRIBERY AND CORRUPT INFLUENCE

Statute text

(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;

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Legislative history

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.