§ 2-166. Gifts

(a) Prohibition.

(1) A city employee performing regulatory functions or conducting inspections or investigations shall not solicit, accept, or agree to accept any benefit from a person the city employee knows to be subject to regulation, inspection, or investigation by the city employee or the city.

(2) A city employee having custody of prisoners shall not solicit, accept, or agree to accept any benefit from a person the city employee knows to be in his custody or the custody of the city.

(3) A city employee or a city official who exercises discretion in connection with contracts, purchases, payments, claims, or other pecuniary transactions of the city shall not solicit, accept, or agree to accept any benefit from a person the city employee or city official knows is interested in or likely to become interested in any contract, purchase, payment, claim, or transaction involving the exercise of his discretion.

(4) A city employee or city official 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 shall not solicit, accept, or agree to accept any benefit from a person the city employee or city official knows is interested in or likely to become interested in any matter before the city employee or city official or tribunal.

(b) Donation of unsolicited gift. A city employee or city official who receives an unsolicited benefit that the city employee or city official 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.

(c) Exceptions. The prohibitions set out in this section do not apply to:

(1) A fee prescribed by law to be received by a city employee or city official or any other benefit to which the city employee or city official is lawfully entitled or for which he gives legitimate consideration in a capacity other than as a city employee or city official;

(2) A gift or other benefit conferred on account of kinship or a personal, professional, or business relationship independent of the official status of the recipient; or

(3) A benefit to a City Employee or City Official required to file a statement under V.T.C.A., Government Code ch. 572, or a report under V.T.C.A., Election Code tit. 15, that is derived from a function in honor or appreciation of the recipient if:

a. The benefit and the source of any benefit in excess of $50.00 is reported in the statement; and

b. The benefit is used solely to defray the expenses that accrue in the performance of duties or activities in connection with the office which are nonreimbursable by the state or the city;

(4) A political contribution as defined by V.T.C.A., Election Code tit. 15;

(5) An item with a value of less than $50.00 excluding cash or a negotiable instrument as described by V.T.C.A., Business and Commerce Code § 3.104;

(6) An item issued by a governmental entity that allows the use of property or facilities owned, leased, or operated by the governmental entity;

(7) Food, lodging, transportation, or entertainment accepted as a guest and, if the donee is required by law to report those items, reported by the donee in accordance with that law; or

(8) Any gift or benefit otherwise excepted under V.T.C.A., Penal Code § 36.10.

(Ord. No. 461, § 2.6, 5-9-2006)