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Ethics What Elected Officials Need To Know Natalia Luna Ashley General Counsel Texas Ethics Commission ethics.s

Four Main Groups of Ethics LawsTitle 15, Election Code Candidates, Officeholders, Political Committees, and Political PartiesChapters 36 and 39, Penal Code - Public ServantsChapter 572, Government Code - State Officers and EmployeesChapter 305, Government Code - Lobbyists Fo

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Ethics What Elected Officials Need To Know Natalia Luna Ashley General Counsel Texas Ethics Commission ethics.s

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    15.

    24. Bribery As a public servant you commit the offense of bribery if you solicit, offer, or accept a “benefit” in exchange for a decision, opinion, vote, recommendation, or other exercise of official discretion. Penal Code § 36.02

    25. Honoraria Law A public servant may not solicit, agree to accept, or accept an honorarium (payment) in consideration for services that would not have been requested but for the public servant’s official position. » i.e. you cannot accept a speaking fee if you were asked to speak because of your position as a public servant.

    26. Prohibitions on Gifts Most public servants are subject to one or more prohibitions on the acceptance of “benefits.” Penal Code § 36.08

    27. Prohibitions on Gifts A public servant who “exercises discretion in connection with contracts, purchases, payments, claims, or other pecuniary transactions” of an agency may not accept a benefit from a person the public servant knows is interested in or likely to become interested in such a transaction. Penal Code § 36.08(d)

    28. Exceptions to Gift Prohibitions Non-cash items less than $50. Political contributions. Food, lodging, transportation, or entertainment if accepted as a “guest.” A gift from a friend, relative, or business associate with whom you have a relationship independent of your official status. A payment for legitimate consideration in capacity other than a public servant.

    29. Unsolicited Gifts to Charity A public servant, who receives an unsolicited benefit the public servant is prohibited from accepting, may donate the benefit to a governmental entity with the authority to accept the gift or to a recognized tax-exempt charitable organization formed for educational, religious, or scientific purposes.

    30. Misuse of Government Property, Services, and Personnel A public servant commits an offense if, with the intent to obtain a benefit or harm or defraud another, he misuses government property, services, personnel, or any other thing of value belonging to the government that has come into the public servant's custody or possession by virtue of the public servant's office or employment. Penal Code § 39.02

    31. Political Campaigns Use of government time or government equipment to work on a person’s political campaign is prohibited. See Ethics Advisory Opinion No. 172 (1993)

    32. Misuse of Official Information A public servant is prohibited from: Using official information to acquire or assist another to acquire a pecuniary interest in any property, transaction, or enterprise. Speculating or aiding another to speculate on the basis of official information. Disclosing or using the information to obtain a benefit or to harm another. Penal Code § 39.06

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