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342, § 11, eff. Sept. 1, 1975; Acts 1983, 68th Leg., K <br />3238, ch. 558 § 5, eff. Sept. 1, 1983; Acts 1991, 72r <br />Leg., ch. 304, § 4.04., eff. Jan 1, 1992; Acts 1993, 7: <br />Leg., ch. 900, § 1.01, eff. Sept. 1, 1994. <br />10. <br />(a) Sections 36.08 (Gift to Public Servant) and 36.09 <br />(Offering Gift to Public Servant) do not apply to: <br />rd <br />(1) A fee prescribed by law to be received by a public <br />servant or any other benefit to which the public serv nt <br />is lawfully entitled or for which he gives legitimate <br />consideration in a capacity other than as a public <br />servant; <br />(2) a gift or other benefit conferred on account of <br />kinship or a personal, professional, or business <br />relationship independent of the official status of the <br />recipient; or <br />(3) a benefit to a public servant required to file a <br />statement under Chapter 572, Government Code, or <br />report under Title 15, Election Code, l that is derived <br />from a function in honor or appreciation of the <br />recipient if: <br />(A) the benefit and the source of any benefit in exce~s <br />of $50 is reported in the statement; and <br />(B) the benefit is used solely to defray the expenses hat <br />accrue in the performance of duties or activities in <br />connection with the office which are nonreimbursabl <br />by the state or political subdivision; <br />(4) a political contribution as defined by Title 15, <br />Election Code; <br />12 <br />132 <br />