Gifts to Public Servants

There are no laws that prohibit giving gifts to a public servant. Each year hundreds of people reward their local public servants with gifts for helping protect their community. A public servant is anyone who is elected or appointed to a government position. However, when a person is under investigation or inspection by the public servant or his or her agency, then the public servant is prohibited from receiving gifts.

If a prisoner or other person in custody offers a gift to a public servant that is in a position of authority or control over the gift-giver, then the public servant is prohibited from accepting the gift. The public servant is also not allowed to solicit or ask for a gift. He or she may also not agree to accept the gift at a later time.

If a person is part of or employed by a tribunal, then he or she is prohibited from accepting gifts from any person that the public servant is aware will someday be interested in benefiting from the public servant's authority or position.

Members of the government, such as the governor and lieutenant governor, are prohibited from accepting gifts from any person. The same applies to hearing examiners.

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Accepting a gift while in a position of authority can be a complex matter. If you need a lawyer who has worked with cases of gift acceptance by public servants, contact Austin criminal lawyer Ian Inglis at (512) 472-1950 to plan your defense

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