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AN ACT
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relating to transportation, lodging, and meals offered to and |
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accepted by public servants. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 36.07, Penal Code, is amended by adding |
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Subsection (b-1) to read as follows: |
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(b-1) Transportation, lodging, and meals described by |
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Subsection (b) are not political contributions as defined by Title |
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15, Election Code. |
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SECTION 2. Subsection (a), Section 36.10, Penal Code, is |
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amended to read as follows: |
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(a) Sections 36.08 (Gift to Public Servant) and 36.09 |
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(Offering Gift to Public Servant) do not apply to: |
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(1) a fee prescribed by law to be received by a public |
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servant or any other benefit to which the public servant is lawfully |
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entitled or for which he gives legitimate consideration in a |
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capacity other than as a public servant; |
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(2) a gift or other benefit conferred on account of |
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kinship or a personal, professional, or business relationship |
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independent of the official status of the recipient; or |
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(3) a benefit to a public servant required to file a |
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statement under Chapter 572, Government Code, or a report under |
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Title 15, Election Code, that is derived from a function in honor or |
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appreciation of the recipient if: |
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(A) the benefit and the source of any benefit in |
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excess of $50 is reported in the statement; and |
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(B) the benefit is used solely to defray the |
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expenses that accrue in the performance of duties or activities in |
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connection with the office which are nonreimbursable by the state |
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or political subdivision; |
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(4) a political contribution as defined by Title 15, |
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Election Code; |
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(5) a gift, award, or memento to a member of the |
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legislative or executive branch that is required to be reported |
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under Chapter 305, Government Code; |
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(6) an item with a value of less than $50, excluding |
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cash or a negotiable instrument as described by Section 3.104, |
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Business & Commerce Code; [or] |
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(7) an item issued by a governmental entity that |
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allows the use of property or facilities owned, leased, or operated |
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by the governmental entity; or |
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(8) transportation, lodging, and meals described by |
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Section 36.07(b). |
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SECTION 3. This Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1269 passed the Senate on |
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April 21, 2011, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1269 passed the House on |
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May 3, 2011, by the following vote: Yeas 143, Nays 1, one present |
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not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |