DBD - EMPLOYMENT REQUIREMENTS AND RESTRICTIONS: CONFLICT OF INTEREST

RESTRICTION ON PUBLIC SERVANTS - PENAL CODE

"Public servant," for purposes of the following Penal Code provisions, includes a person elected, selected, appointed, employed, or otherwise designated as an officer, employee, or agent of government, even if the person has not yet qualified for office or assumed his or her duties. Penal Code 1.07(a)(41)(A), (EXHIBIT)

Bribery

  1. A public servant shall not intentionally or knowingly offer, confer, agree to confer on another, solicit, accept, or agree to accept a benefit:
    1. As consideration for the public servant's decision, opinion, recommendation, vote, or other exercise of discretion as a public servant.
    2. As consideration for a violation of a duty imposed on the public servant by law.
    3. That is a political contribution as defined by Title 15 of the Election Code or an expenditure made and reported as a lobbying expense in accordance with Government Code, Chapter 305, if the benefit was offered, conferred, solicited, accepted, or agreed to pursuant to an express agreement to take or withhold a specific exercise of official discretion, if such exercise of official discretion would not have been taken or withheld but for the benefit.

"Benefit" means anything reasonably regarded as pecuniary gain or pecuniary advantage, including benefit to any other person in whose welfare the beneficiary has a direct and substantial interest. Penal Code 36.01(3), 36.02

Illegal Gifts

  1. A public servant who exercises discretion in connection with contracts, purchases, payments, claims, or other pecuniary transactions shall not solicit, accept, or agree to accept any benefit from a person the public servant knows is interested in or likely to become interested in any such transactions of the district, unless a statutory exception applies. Penal Code 36.08(d), 36.10.

A public servant who receives an unsolicited benefit that the public servant is prohibited from accepting under this section may donate the benefit to a governmental entity that has the authority to accept the gift or may donate the benefit to a recognized tax exempt charitable organization formed for educational, religious, or scientific purposes. Penal Code 36.08(i)

Honoraria and Expenses

  1. A public servant commits a Class A misdemeanor 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. However, a public servant is not prohibited from accepting transportation and lodging expenses or meals 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 those services are more than merely perfunctory. Penal Code 36.07

Abuse of Public Employment

  1. A public servant shall not, with intent to obtain a benefit or with intent to harm or defraud another, intentionally or knowingly violate a law relating to the public servant's office or employment, or misuse district property, services, personnel, or any other thing of value, that has come into his or her custody or possession by virtue of his or her office or employment. Penal Code 39.02(a)

"Law relating to the public servant's office or employment" means a law that specifically applies to a person acting in the capacity of a public servant and that directly or indirectly imposes a duty on the public servant or governs the conduct of the public servant. Penal Code 39.01(1)

"Misuse" means to deal with property contrary to:

  1. An agreement under which the public servant holds the property;
  2. A contract of employment or oath of office of a public servant;
  3. A law, including provisions of the General Appropriations Act specifically relating to government property, that prescribes the manner of custody or disposition of the property; or
  4. A limited purpose for which the property is delivered or received.

Penal Code 39.01(2)

TEXTBOOK VIOLATIONS - COMMISSIONS

An administrator or teacher commits a class B misdemeanor offense if the administrator or teacher receives any commission or rebate on any textbooks used in the schools with which the administrator or teacher is associated. Education Code 31.152(a)

TEXTBOOK VIOLATIONS - CONFLICT

An administrator or teacher commits a class B misdemeanor offense if the administrator or teacher accepts a gift, favor, or service that:

  1. Is given to the person or the person's school;
  2. Might reasonably tend to influence the person in the selection of a textbook; and
  3. Could not be lawfully purchased with funds from the state textbook fund.

"Gift, favor, or service" does not include staff development, in-service, or teacher training; or instructional materials, such as maps or worksheets, that convey information to the student or otherwise contribute to the learning process.

Education Code 31.152(b)-(d)

TEXTBOOK VIOLATIONS - PURCHASE AND DISTRIBUTION

A person commits a Class C misdemeanor offense if the person knowingly violates any law providing for the purchase or distribution of free textbooks for the public schools. Education Code 31.153

HOLDING CIVIL OFFICE

No person shall hold or exercise at the same time more than one civil office of emolument, except for offices listed in the constitutional provision, unless otherwise specifically provided. Tex. Const., Art. XVI, Sec. 40(a); State v. Pirtle, 887 S.W.2d 291 (Tex. Ct. Crim. App. 1994); Atty. Gen. Op. DM-212 (1993)

Individuals who receive all or part of their compensation either directly or indirectly from funds of the state of Texas and who are not state officers shall not be barred from serving as members of the governing bodies of school districts (other than those in which they are employed), cities, towns, or other local governmental districts. Such individuals may not receive a salary for serving as members of such governing bodies. Tex. Const., Art. XVI, Sec. 40(b); Atty. Gen. Op. DM-55 (1991)

Adopted: 3/7/80

Amended: 10/25/85, 1/26/90, 9/27/90, 11/30/90, 1/21/94, 3/25/94, 11/17/95,5/24/96, 1/24/02, 11/22/02, 1/28/05, 5/25/05, 1/26/07

Reviewed: 11/6/98

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