Texas Education Code 31.152 – Accepting Rebate On Instructional Materials or Technological Equipment
Current as of: 2024 | Check for updates
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(a) A school trustee, administrator, or teacher commits an offense if that person receives any commission or rebate on any instructional materials or technological equipment used in the schools with which the person is associated as a trustee, administrator, or teacher.
(b) A school trustee, administrator, or teacher commits an offense if the person accepts a gift, favor, or service that:
(1) is given to the person or the person’s school;
(2) might reasonably tend to influence a trustee, administrator, or teacher in the selection of instructional material or technological equipment; and
(3) could not be lawfully purchased with state instructional materials funds.
Attorney's Note
Under the Texas Codes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class B misdemeanor | up to 180 days | up to $2,000 |
Terms Used In Texas Education Code 31.152
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Trustee: A person or institution holding and administering property in trust.
(c) An offense under this section is a Class B misdemeanor.
(d) In this section, “gift, favor, or service” does not include:
(1) staff development, in-service, or teacher training; or
(2) ancillary materials, such as maps or worksheets, that convey information to the student or otherwise contribute to the learning process.