Acceptance of Honorarium

Texas Criminal Law

The Acceptance of Honorarium crime in the state of Texas prohibits public servants from soliciting or accepting payments in exchange for services that that they would provide as a part of their duties as a public servant.

Acceptance of Honorarium is classified in the Texas Penal Code under Title 8 “Offenses Against Public Administration,” Chapter 36 “Bribery And Corrupt Influence.”

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Learn more detailed information about the Acceptance of Honorarium offense below.

What is the current Texas law about Acceptance of Honorarium?

The current Texas law defines the offense of Acceptance of Honorarium in Penal Code Section §36.07 as follows:[1]

(a) A public servant commits an offense if the public servant solicits, accepts, or agrees to accept an honorarium in consideration for services that the public servant would not have been requested to provide but for the public servant’s official position or duties.

The law also states[2] that this:

does not prohibit a public servant from accepting transportation and lodging expenses in connection with a conference or similar event in which the public servant renders services, such as addressing an audience or engaging in a seminar, to the extent that those services are more than merely perfunctory, or from accepting meals in connection with such an event.

Transportation, lodging, and meal, as described above, are not political contributions.[3]

How can I be charged with Acceptance of Honorarium?

You can be charged with Acceptance of Honorarium if the state’s attorneys believe that each of the elements of 36.07(a) as described in the section above have been met.

What is the punishment for Acceptance of Honorarium?

A conviction for Acceptance of Honorarium is punished as a Class A misdemeanor,[4] with a maximum possible fine under Texas state law of up to $4,000 and jail time of up to one year. Learn about the differences between grades of felonies and misdemeanors

Legal References:

^1. Texas Penal Code §36.07^2. Texas Penal Code §36.07(b)^3. Texas Penal Code §36.07(b-1)^4. Texas Penal Code §36.07(c)

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