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STATE LAWS RELATING TO ETHICS <br />Chapter 36, Texas Penal Code (Bribery & Corrupt Influence) I <br />This Chapteraddresses a numberof subjects, including bribery. <br />honoraria are subjects that most frequently raise inquiries. Cha <br />public servants and fo any otherperson in whose welfare th, <br />a direct and substantial interest and has been held to incluc <br />child. <br />Public Servant <br />The term "public servant," as used in the Penal Code, means <br />selected, appointed, employed, or otherwise designated as onE <br />even if he or she has not yet qualified for office or assumed his i <br />(A) An officer, employee, or agent of government; <br />(B) A juror or grand juror; <br />(C) An arbitrator, referee, or other person who is au <br />private written agreement to hear or detern <br />controversy; <br />(D) An attorney at law or notary public when <br />performance of a governmental function; <br />(E) A candidate for nomination or election to public <br />(F) A person who is performing a governmental <br />claim of right although he is not legally qualifi <br />Benefit <br />The term "benefit", as used in this chapter of the Penal Code is <br />. anything reasonably regarded as pecuniary <br />pecuniary advantage, including benefit to any other I <br />whose welfare the beneficiary has a direct and sL <br />interest." (Pen. C., § 36.01(3)) <br />Closely related is the giving or receiving of an honoraria to or b! <br />The term "honorarium" is not defined in the Penal Code but is ger <br />to encompass the following: <br />K:\ETHICS\RDC3116A <br />a <br />36 <br />~ persoi <br />of the <br />r her d~ <br />gifts and <br />Ktends to <br />:iary has <br />se and a <br />elected, <br />ollowing, <br />ties: <br />irized <br />y law or <br />a a <br />ause or <br />:ipati <br />g in the <br />e; or <br />nctio <br />under a <br />to d <br />so. <br />;fined <br />s: <br />or <br />in <br />a put <br />rally <br />servant. <br />ierstood <br />PAG E 3 <br />~ <br />