EAO 425

The term “public servant” includes an individual who has been selected as a state employee, even if the individual has not yet assumed his or her duties. In some circumstances the bribery law in section 36.02 of the Penal Code, the gift restrictions in section 36.08 of the Penal Code, and the honorarium law in section 36.07 of the Penal Code, would prohibit a law firm from making a severance payment, a payment of moving or relocation expenses, or a payment of other benefits to a lawyer currently employed by the firm who has accepted an offer of future employment with a state agency.