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Texas Penal Code - Section 36.10. Non-Applicable

Legal Research Home > Texas Laws > Penal Code > Texas Penal Code - Section 36.10. Non-Applicable

§ 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;  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, 
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;  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