Gift to Public Servant by Person Subject to His Jurisdiction: Texas Penal Code §36.08

The Texas Gift to Public Servant by Person Subject to His Jurisdiction law makes it illegal for certain public servants (including those in regulatory agencies, those who have prisoners, and lawyers working for the government, among others) to accept any benefit from certain other people, regardless of whether the public servant or the gift-giver meant for it to be a bribe.

Most offenses dealing with official corruption, such as Bribery, Coercion of Public Servant or Voter, and Improper Influence, have as an element of the offense a quid pro quo or intent to achieve influence. However, this offense requires nothing of the sort.

If the public servant is covered by the law, and the gift-giver is someone who is prohibited from giving gifts to that public servant, then any sort of benefit conferred for any purpose or no purpose at all is enough to trigger liability under this law. The only serious limitations are that the state has to prove that the gift-giver was one of the prohibited ones and also that the public servant knew that gift-giver was one of the prohibited ones.

The Penal Code has a companion offense called Offering Gift to Public Servant. That law prohibits actions on the other side of the transaction – offering gifts to public servants who the person knows cannot legally accept them.

The Texas legislature codified this criminal offense in Texas Penal Code Section 36.08. This legislature did not update this law in 2023. In fact, this law has not been amended since 1993.

The Penal Code codifies the Texas Gift to Public Servant law under Title 8 “Offenses Against Public Administration,” Chapter 36 “Bribery And Corrupt Influence.” Learn more about the Texas offense of Gift to Public Servant by Person Subject to His Jurisdiction below.

What is the current Texas law about Gift to Public Servant by Person Subject to His Jurisdiction?

The current Texas law defines the offense of Gift to Public Servant by Person Subject to His Jurisdiction in Penal Code Section §36.08 as follows:^[1]

(a) A public servant in an agency performing regulatory functions or conducting inspections or investigations commits an offense if he solicits, accepts, or agrees to accept any benefit from a person the public servant knows to be subject to regulation, inspection, or investigation by the public servant or his agency.

(b) A public servant in an agency having custody of prisoners commits an offense if he solicits, accepts, or agrees to accept any benefit from a person the public servant knows to be in his custody or the custody of his agency.

(c) A public servant in an agency carrying on civil or criminal litigation on behalf of government commits an offense if he solicits, accepts, or agrees to accept any benefit from a person against whom the public servant knows litigation is pending or contemplated by the public servant or his agency.

(d) A public servant who exercises discretion in connection with contracts, purchases, payments, claims, or other pecuniary transactions of government commits an offense if he solicits, accepts, or agrees to accept any benefit from a person the public servant knows is interested in or likely to become interested in any contract, purchase, payment, claim, or transaction involving the exercise of his discretion.

(e) A public servant who has judicial or administrative authority, who is employed by or in a tribunal having judicial or administrative authority, or who participates in the enforcement of the tribunal’s decision, commits an offense if he solicits, accepts, or agrees to accept any benefit from a person the public servant knows is interested in or likely to become interested in any matter before the public servant or tribunal.

(f) A member of the legislature, the governor, the lieutenant governor, or a person employed by a member of the legislature, the governor, the lieutenant governor, or an agency of the legislature commits an offense if he solicits, accepts, or agrees to accept any benefit from any person.

(g) A public servant who is a hearing examiner employed by an agency performing regulatory functions and who conducts hearings in contested cases commits an offense if the public servant solicits, accepts, or agrees to accept any benefit from any person who is appearing before the agency in a contested case, who is doing business with the agency, or who the public servant knows is interested in any matter before the public servant. The exception provided by Sec. 36.10(b) does not apply to a benefit under this subsection.

How can I be charged with a Gift to Public Servant offense in Texas?

You can be charged with Gift to Public Servant by Person Subject to His Jurisdiction in Texas if the state’s attorneys believe that each of the elements of 36.08 as described in the section above have been met.

What is the statute of limitation for Gift to Public Servant in Texas?

As a misdemeanor, Gift to Public Servant charges have a two-year limitations period.^[2]

What is the penalty for a Texas Gift to Public Servant offense?

A conviction for Gift to Public Servant by Person Subject to His Jurisdictionis punished as a Class A misdemeanor,^[3] with a maximum possible fine under Texas state law of up to $4,000 and jail time of up to one year.

Can you get probation for Gift to Public Servant in Texas?

The Texas Code of Criminal Procedure allows both judges and juries to grant probation for Gift to Public Servant, and judges are also allowed to accept deferred adjudication plea deals.^[4]

What level of crime is Gift to Public Servant in Texas?

The Penal Code classifies Gift to Public Servant as a Class A misdemeanor.

Learn more about the penalty range for this offense in the section above.

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Legal References:

^1. Texas Penal Code §36.08^2. See Code of Criminal Procedure 12.02(a)^3. Texas Penal Code §36.08(h)^4. See Chapter 42, Texas Code of Criminal Procedure, Art. 42A.054, Art. 42A.056, Art. 42A.102 .