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a free gift; a gratuitous payment, as distinguished <br />compensation for a service; a voluntary payment for that <br />remuneration could be collected by law. <br />im hire~or <br />• which o <br />The Texas Ethics Commission has issued a number of opinions n the <br />"benefits," including whether certain items constitute an "hon rarium <br />examples are shown below: <br />• The receipt of a plaque could not reasonably be regarded as <br />advantage and is therefore not a benefit for purposes of hapte <br />Penal Code. Tex. Ethics Comm. Op. No. 36 (1992) <br />• A public servant may not accept free membership in an organ <br />consideration for a speech. Tex. Ethics Comm. Op. No. 7(199 <br />,ubject of <br />" Some <br />uniary <br />of the <br />n as <br />• Promotional or commemorative items of minimal value suc as ca s, coffee <br />mugs, tee shirts and key rings, do not constitute imprope "bene t" if such <br />items are not solicited and not offered or accepted in e chang for any <br />action or inaction on part of public servants. Tex. Ethics C mm. . No. 61 <br />(1992) <br />• A legislator may not accept an engraved clock in apprecia <br />ion for <br />speech <br />even if the donor is required to report the gift under the lo <br />by stat <br />te, if the <br />legislator would not have been asked to give the spee <br />h exce <br />t for his <br />official position. Tex. Ethics Comm. Op. No. 97 (1992) <br />• A public servant may accept an honorarium for performi <br />g servi <br />es if the <br />public servant's official status was not a deciding factor i <br />the d <br />cision to <br />request the public servant to perform those services. Tex. <br />thics C <br />mm. Op. <br />No. 305 (1996) <br />Honorarium <br />• Section 36.07 prohibits public servants from accepting a hono rium for <br />services associated with their being public servants (speaki g enga ements, <br />etc. <br />• There is an exception for transportation, food, and lodgin when service <br />is rendered such as addressing an audience. Tex. Ethics Comm Op. No. <br />273(1995). <br />• There is no general prohibition against a legislator servii <br />a private entity; however, the legislator should be aware <br />K:\ETH ICS\RDC3116A <br />on th board of <br />f the r trictions <br />PAGE 4 <br />- 9 <br />