| 1 | 1 | | By: Toth, N. Gonzalez of El Paso, Bell, H.B. No. 758 |
|---|
| 2 | 2 | | Flynn, Riddle, et al. |
|---|
| 3 | 3 | | Substitute the following for H.B. No. 758: |
|---|
| 4 | 4 | | By: Morrison C.S.H.B. No. 758 |
|---|
| 5 | 5 | | |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | A BILL TO BE ENTITLED |
|---|
| 8 | 8 | | AN ACT |
|---|
| 9 | 9 | | relating to certain legal advice or legal services rendered to |
|---|
| 10 | 10 | | certain public servants. |
|---|
| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 12 | 12 | | SECTION 1. Section 36.10, Penal Code, is amended by |
|---|
| 13 | 13 | | amending Subsection (a) and adding Subsection (e) to read as |
|---|
| 14 | 14 | | follows: |
|---|
| 15 | 15 | | (a) Sections 36.08 (Gift to Public Servant) and 36.09 |
|---|
| 16 | 16 | | (Offering Gift to Public Servant) do not apply to: |
|---|
| 17 | 17 | | (1) a fee prescribed by law to be received by a public |
|---|
| 18 | 18 | | servant or any other benefit to which the public servant is lawfully |
|---|
| 19 | 19 | | entitled or for which he gives legitimate consideration in a |
|---|
| 20 | 20 | | capacity other than as a public servant; |
|---|
| 21 | 21 | | (2) a gift or other benefit conferred on account of |
|---|
| 22 | 22 | | kinship or a personal, professional, or business relationship |
|---|
| 23 | 23 | | independent of the official status of the recipient; [or] |
|---|
| 24 | 24 | | (3) a benefit to a public servant required to file a |
|---|
| 25 | 25 | | statement under Chapter 572, Government Code, or a report under |
|---|
| 26 | 26 | | Title 15, Election Code, that is derived from a function in honor or |
|---|
| 27 | 27 | | appreciation of the recipient if: |
|---|
| 28 | 28 | | (A) the benefit and the source of any benefit in |
|---|
| 29 | 29 | | excess of $50 is reported in the statement; and |
|---|
| 30 | 30 | | (B) the benefit is used solely to defray the |
|---|
| 31 | 31 | | expenses that accrue in the performance of duties or activities in |
|---|
| 32 | 32 | | connection with the office which are nonreimbursable by the state |
|---|
| 33 | 33 | | or political subdivision; |
|---|
| 34 | 34 | | (4) a political contribution as defined by Title 15, |
|---|
| 35 | 35 | | Election Code; |
|---|
| 36 | 36 | | (5) a gift, award, or memento to a member of the |
|---|
| 37 | 37 | | legislative or executive branch that is required to be reported |
|---|
| 38 | 38 | | under Chapter 305, Government Code; |
|---|
| 39 | 39 | | (6) an item with a value of less than $50, excluding |
|---|
| 40 | 40 | | cash or a negotiable instrument as described by Section 3.104, |
|---|
| 41 | 41 | | Business & Commerce Code; |
|---|
| 42 | 42 | | (7) an item issued by a governmental entity that |
|---|
| 43 | 43 | | allows the use of property or facilities owned, leased, or operated |
|---|
| 44 | 44 | | by the governmental entity; [or] |
|---|
| 45 | 45 | | (8) transportation, lodging, and meals described by |
|---|
| 46 | 46 | | Section 36.07(b); or |
|---|
| 47 | 47 | | (9) complimentary legal advice or legal services |
|---|
| 48 | 48 | | relating to a will, power of attorney, advance directive, or other |
|---|
| 49 | 49 | | estate planning document rendered to a public servant who is a first |
|---|
| 50 | 50 | | responder through a program or clinic that is: |
|---|
| 51 | 51 | | (A) operated by a local bar association or the |
|---|
| 52 | 52 | | State Bar of Texas; and |
|---|
| 53 | 53 | | (B) approved by the head of the agency employing |
|---|
| 54 | 54 | | the public servant, if the public servant is employed by an agency. |
|---|
| 55 | 55 | | (e) In this section, "first responder" means: |
|---|
| 56 | 56 | | (1) a peace officer whose duties include responding |
|---|
| 57 | 57 | | rapidly to an emergency; |
|---|
| 58 | 58 | | (2) fire protection personnel |
|---|
| 59 | 59 | | as that term is defined |
|---|
| 60 | 60 | | by Section 419.021, Government Code; |
|---|
| 61 | 61 | | (3) a volunteer firefighter who performs firefighting |
|---|
| 62 | 62 | | duties on behalf of a political subdivision and is not elected to |
|---|
| 63 | 63 | | the Texas Legislature or as a statewide officeholder; |
|---|
| 64 | 64 | | (4) an ambulance driver; or |
|---|
| 65 | 65 | | (5) an individual certified as emergency medical |
|---|
| 66 | 66 | | services personnel by the Department of State Health Services. |
|---|
| 67 | 67 | | SECTION 2. The change in law made by this Act applies only |
|---|
| 68 | 68 | | to the prosecution of an offense committed on or after the effective |
|---|
| 69 | 69 | | date of this Act. The prosecution of an offense committed before |
|---|
| 70 | 70 | | the effective date of this Act is covered by the law in effect when |
|---|
| 71 | 71 | | the offense was committed, and the former law is continued in effect |
|---|
| 72 | 72 | | for this purpose. For purposes of this section, an offense is |
|---|
| 73 | 73 | | committed before the effective date of this Act if any element of |
|---|
| 74 | 74 | | the offense occurs before the effective date. |
|---|
| 75 | 75 | | SECTION 3. This Act takes effect September 1, 2013. |
|---|