Texas Penal Code - Section 36.10. Non-Applicable
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Texas Laws > Penal Code > Texas Penal Code - Section 36.10. Non-Applicable
Section: 36.03 36.04 36.05 36.06 36.07 36.08 36.09 36.10 37.01 37.02 37.03 37.04 37.05 37.06 37.07
§ 36.10. NON-APPLICABLE. (a) Sections 36.08 (Gift to
Public Servant) and 36.09 (Offering Gift to Public Servant) do not
(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; or
(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,
(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; or
(7) an item issued by a governmental entity that
allows the use of property or facilities owned, leased, or operated
by the governmental entity.
(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.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1975, 64th Leg., p. 915, ch. 342, § 11, eff.
Sept. 1, 1975; Acts 1981, 67th Leg., p. 2707, ch. 738, § 1, eff.
Jan. 1, 1982; Acts 1983, 68th Leg., p. 3240, ch. 558, § 6, eff.
Sept. 1, 1983; Acts 1987, 70th Leg., ch. 472, § 60, eff. Sept. 1,
1987; Acts 1991, 72nd Leg., ch. 304, § 4.05, eff. Jan. 1, 1992;
Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts
1995, 74th Leg., ch. 76, § 5.95(38), eff. Sept. 1, 1995; Acts
2005, 79th Leg., ch. 639, § 2, eff. Sept. 1, 2005.
Last modified: August 11, 2007