EAO 069

** Overruled, Modified, Clarified or Superseded ** A state college or university is a “person” for purposes of the Penal Code. Therefore, various prohibitions in section 36.08 of the Penal Code on public servants’ acceptance of benefits from any “person” apply to the acceptance of benefits from state colleges and universities. As a general rule, tickets to intercollegiate athletic events are benefits. For a state college or university to satisfy the “guest” exceptions in section 36.10 of the Penal Code in regard to athletic events, an individual officer or employee must have some direct contact with the legislator, and the guest and host must be in reasonable physical proximity and have easy access to each other during the game.