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Texas Laws | Penal Code

(A) the benefit and the source of any benefit in excess of $50 is reported in the statement; and (4017)

(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; (4018)

(4) a political contribution as defined by Title 15, Election Code; (4019)

(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; (4020)

(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; (4021)

(7) an item issued by a governmental entity that allows the use of property or facilities owned, leased, or operated by the governmental entity; (4022)

(8) transportation, lodging, and meals described by Section 36.07(b); or (4023)

(9) complimentary legal advice or legal services relating to a will, power of attorney, advance directive, or other estate planning document rendered: (4024)

(A) to a public servant who is a first responder; and (4025)

(B) through a program or clinic that is: (4026)

(i) operated by a local bar association or the State Bar of Texas; and (4027)

(ii) approved by the head of the agency employing the public servant, if the public servant is employed by an agency. (4028)

(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. (4029)

(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. (4030)

(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. (4031)

(e) In this section, "first responder" means: (4032)

(1) a peace officer whose duties include responding rapidly to an emergency; (4033)

(2) fire protection personnel, as that term is defined by Section 419.021, Government Code; (4034)

(3) a volunteer firefighter who performs firefighting duties on behalf of a political subdivision and who is not serving as a member of the Texas Legislature or holding a statewide elected office; (4035)

(4) an ambulance driver; or (4036)

(5) an individual certified as emergency medical services personnel by the Department of State Health Services. (4037)

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1975, 64th Leg., p. 915, ch. 342, Sec. 11, eff. Sept. 1, 1975; Acts 1981, 67th Leg., p. 2707, ch. 738, Sec. 1, eff. Jan. 1, 1982; Acts 1983, 68th Leg., p. 3240, ch. 558, Sec. 6, eff. Sept. 1, 1983; Acts 1987, 70th Leg., ch. 472, Sec. 60, eff. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. 304, Sec. 4.05, eff. Jan. 1, 1992; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 76, Sec. 5.95(38), eff. Sept. 1, 1995. (4038)

Amended by: (4039)

Acts 2005, 79th Leg., Ch. 639 (H.B. 2685), Sec. 2, eff. September 1, 2005. (4040)

Acts 2011, 82nd Leg., R.S., Ch. 56 (S.B. 1269), Sec. 2, eff. September 1, 2011. (4041)

Acts 2013, 83rd Leg., R.S., Ch. 1149 (S.B. 148), Sec. 1, eff. September 1, 2013. (4042)


Sec. 37.01. DEFINITIONS. (4044)(Text)

In this chapter: (4045)

(1) "Court record" means a decree, judgment, order, subpoena, warrant, minutes, or other document issued by a court of: (4046)

(A) this state; (4047)

(B) another state; (4048)

(C) the United States; (4049)

(D) a foreign country recognized by an act of congress or a treaty or other international convention to which the United States is a party; (4050)

(E) an Indian tribe recognized by the United States; or (4051)

(F) any other jurisdiction, territory, or protectorate entitled to full faith and credit in this state under the United States Constitution. (4052)

(2) "Governmental record" means: (4053)

(A) anything belonging to, received by, or kept by government for information, including a court record; (4054)

(B) anything required by law to be kept by others for information of government; (4055)

(C) a license, certificate, permit, seal, title, letter of patent, or similar document issued by government, by another state, or by the United States; (4056)

(D) a standard proof of motor vehicle liability insurance form described by Section 601.081, Transportation Code, a certificate of an insurance company described by Section 601.083 of that code, a document purporting to be such a form or certificate that is not issued by an insurer authorized to write motor vehicle liability insurance in this state, an electronic submission in a form described by Section 502.046(i), Transportation Code, or an evidence of financial responsibility described by Section 601.053 of that code; (4057)

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