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contained in Chapter 36 of the Penal Code. Tex. Ethics <br />(1994). <br />Gifts to Public Servant - In General <br />• Section 36.08 prohibits a public servant from soliciting or ac epting <br />persons over whom the public servant has business, offic al, regt <br />jurisdictional authority. <br />• Section 36.09 makes it an offense to offer gifts to a public servan <br />• An offense under either section is a C/ass A misdemean r. <br />Gifts to Public Servant - Exceptions <br />• Section 36.10 sets out limited excepfions to the proh <br />Sections 36.08 and 36.09, as follows: <br />vo. 22s <br />from <br />y, or <br />ined in <br />• A fee prescribed by law to be received by a publi serv t or any <br />benefit to which the public servant is lawfully entitle or for hich he <br />gives legitimate consideration in a capacity other han a a public <br />servant; <br />• A gift or other benefit conferred on account of kins ip or a ersonal, <br />professional, or business relationship independe t of t e official <br />status of the recipient; or <br />• A benefit to a public servant required to file a tatem nt under <br />Chapter 572, Government Code, or a report under itle 1 Election <br />Code, that is derived from a function in honor or a precia n of the <br />recipient if: <br />• the benefit and the source of any benefit in excess of $50 is <br />reported in the statement; and <br />K:\ETH ICS\RDC3116A <br />• the benefit is used solely to defray the exper <br />the performance of duties or activities in a <br />office which are nonreimbursable by the <br />subdivision; <br />A political contribution as defined by Title 15, E <br />es that ccrue in <br />nectio with the <br />tate o political <br />on Co ; <br />PAGE 5 <br />. ~ ;1 <br />