| 1 | 1 | | 82R18787 CAE-F |
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| 2 | 2 | | By: Branch H.B. No. 2629 |
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| 3 | 3 | | Substitute the following for H.B. No. 2629: |
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| 4 | 4 | | By: Isaac C.S.H.B. No. 2629 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to transportation, lodging, and meals offered to and |
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| 10 | 10 | | accepted by public servants. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 36.07, Penal Code, is amended by adding |
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| 13 | 13 | | Subsection (b-1) to read as follows: |
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| 14 | 14 | | (b-1) Transportation, lodging, and meals described by |
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| 15 | 15 | | Subsection (b) are not political contributions as defined by Title |
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| 16 | 16 | | 15, Election Code. |
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| 17 | 17 | | SECTION 2. Section 36.10(a), Penal Code, is amended to read |
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| 18 | 18 | | as follows: |
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| 19 | 19 | | (a) Sections 36.08 (Gift to Public Servant) and 36.09 |
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| 20 | 20 | | (Offering Gift to Public Servant) do not apply to: |
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| 21 | 21 | | (1) a fee prescribed by law to be received by a public |
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| 22 | 22 | | servant or any other benefit to which the public servant is lawfully |
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| 23 | 23 | | entitled or for which he gives legitimate consideration in a |
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| 24 | 24 | | capacity other than as a public servant; |
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| 25 | 25 | | (2) a gift or other benefit conferred on account of |
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| 26 | 26 | | kinship or a personal, professional, or business relationship |
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| 27 | 27 | | independent of the official status of the recipient; or |
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| 28 | 28 | | (3) a benefit to a public servant required to file a |
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| 29 | 29 | | statement under Chapter 572, Government Code, or a report under |
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| 30 | 30 | | Title 15, Election Code, that is derived from a function in honor or |
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| 31 | 31 | | appreciation of the recipient if: |
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| 32 | 32 | | (A) the benefit and the source of any benefit in |
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| 33 | 33 | | excess of $50 is reported in the statement; and |
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| 34 | 34 | | (B) the benefit is used solely to defray the |
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| 35 | 35 | | expenses that accrue in the performance of duties or activities in |
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| 36 | 36 | | connection with the office which are nonreimbursable by the state |
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| 37 | 37 | | or political subdivision; |
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| 38 | 38 | | (4) a political contribution as defined by Title 15, |
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| 39 | 39 | | Election Code; |
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| 40 | 40 | | (5) a gift, award, or memento to a member of the |
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| 41 | 41 | | legislative or executive branch that is required to be reported |
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| 42 | 42 | | under Chapter 305, Government Code; |
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| 43 | 43 | | (6) an item with a value of less than $50, excluding |
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| 44 | 44 | | cash or a negotiable instrument as described by Section 3.104, |
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| 45 | 45 | | Business & Commerce Code; [or] |
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| 46 | 46 | | (7) an item issued by a governmental entity that |
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| 47 | 47 | | allows the use of property or facilities owned, leased, or operated |
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| 48 | 48 | | by the governmental entity; or |
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| 49 | 49 | | (8) transportation, lodging, and meals described by |
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| 50 | 50 | | Section 36.07(b). |
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| 51 | 51 | | SECTION 3. This Act takes effect September 1, 2011. |
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