| 1 | 1 | | 83R25616 ADM-F |
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| 2 | 2 | | By: Williams, et al. S.B. No. 148 |
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| 3 | 3 | | (Toth) |
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| 4 | 4 | | Substitute the following for S.B. No. 148: No. |
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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 certain legal advice or legal services rendered to |
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| 10 | 10 | | certain 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 36.10, Penal Code, is amended by |
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| 13 | 13 | | amending Subsection (a) and adding Subsection (e) to read as |
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| 14 | 14 | | follows: |
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| 15 | 15 | | (a) Sections 36.08 (Gift to Public Servant) and 36.09 |
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| 16 | 16 | | (Offering Gift to Public Servant) do not apply to: |
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| 17 | 17 | | (1) a fee prescribed by law to be received by a public |
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| 18 | 18 | | servant or any other benefit to which the public servant is lawfully |
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| 19 | 19 | | entitled or for which he gives legitimate consideration in a |
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| 20 | 20 | | capacity other than as a public servant; |
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| 21 | 21 | | (2) a gift or other benefit conferred on account of |
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| 22 | 22 | | kinship or a personal, professional, or business relationship |
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| 23 | 23 | | independent of the official status of the recipient; [or] |
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| 24 | 24 | | (3) a benefit to a public servant required to file a |
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| 25 | 25 | | statement under Chapter 572, Government Code, or a report under |
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| 26 | 26 | | Title 15, Election Code, that is derived from a function in honor or |
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| 27 | 27 | | appreciation of the recipient if: |
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| 28 | 28 | | (A) the benefit and the source of any benefit in |
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| 29 | 29 | | excess of $50 is reported in the statement; and |
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| 30 | 30 | | (B) the benefit is used solely to defray the |
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| 31 | 31 | | expenses that accrue in the performance of duties or activities in |
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| 32 | 32 | | connection with the office which are nonreimbursable by the state |
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| 33 | 33 | | or political subdivision; |
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| 34 | 34 | | (4) a political contribution as defined by Title 15, |
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| 35 | 35 | | Election Code; |
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| 36 | 36 | | (5) a gift, award, or memento to a member of the |
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| 37 | 37 | | legislative or executive branch that is required to be reported |
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| 38 | 38 | | under Chapter 305, Government Code; |
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| 39 | 39 | | (6) an item with a value of less than $50, excluding |
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| 40 | 40 | | cash or a negotiable instrument as described by Section 3.104, |
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| 41 | 41 | | Business & Commerce Code; |
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| 42 | 42 | | (7) an item issued by a governmental entity that |
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| 43 | 43 | | allows the use of property or facilities owned, leased, or operated |
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| 44 | 44 | | by the governmental entity; [or] |
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| 45 | 45 | | (8) transportation, lodging, and meals described by |
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| 46 | 46 | | Section 36.07(b); or |
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| 47 | 47 | | (9) complimentary legal advice or legal services |
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| 48 | 48 | | relating to a will, power of attorney, advance directive, or other |
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| 49 | 49 | | estate planning document rendered: |
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| 50 | 50 | | (A) to a public servant who is a first responder; |
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| 51 | 51 | | and |
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| 52 | 52 | | (B) through a program or clinic that is: |
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| 53 | 53 | | (i) operated by a local bar association or |
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| 54 | 54 | | the State Bar of Texas; and |
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| 55 | 55 | | (ii) approved by the head of the agency |
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| 56 | 56 | | employing the public servant, if the public servant is employed by |
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| 57 | 57 | | an agency. |
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| 58 | 58 | | (e) In this section, "first responder" means: |
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| 59 | 59 | | (1) a peace officer whose duties include responding |
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| 60 | 60 | | rapidly to an emergency; |
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| 61 | 61 | | (2) fire protection personnel, as that term is defined |
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| 62 | 62 | | by Section 419.021, Government Code; |
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| 63 | 63 | | (3) a volunteer firefighter who performs firefighting |
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| 64 | 64 | | duties on behalf of a political subdivision and who is not serving |
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| 65 | 65 | | as a member of the Texas Legislature or holding a statewide elected |
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| 66 | 66 | | office; |
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| 67 | 67 | | (4) an ambulance driver; or |
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| 68 | 68 | | (5) an individual certified as emergency medical |
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| 69 | 69 | | services personnel by the Department of State Health Services. |
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| 70 | 70 | | SECTION 2. The change in law made by this Act applies only |
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| 71 | 71 | | to the prosecution of an offense committed on or after the effective |
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| 72 | 72 | | date of this Act. The prosecution of an offense committed before |
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| 73 | 73 | | the effective date of this Act is covered by the law in effect when |
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| 74 | 74 | | the offense was committed, and the former law is continued in effect |
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| 75 | 75 | | for that purpose. For purposes of this section, an offense is |
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| 76 | 76 | | committed before the effective date of this Act if any element of |
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| 77 | 77 | | the offense occurs before the effective date. |
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| 78 | 78 | | SECTION 3. This Act takes effect September 1, 2013. |
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