By: Rosson S.B. No. 744
A BILL TO BE ENTITLED
AN ACT
1-1 relating to Chapter 36, Penal Code.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Subsection (a), Section 36.10, Penal Code, is
1-4 amended to read as follows:
1-5 (a) Sections 36.08 (Gift to Public Servant) and 36.09
1-6 (Offering Gift to Public Servant) of this code do not apply to:
1-7 (1) a fee prescribed by law to be received by a public
1-8 servant or any other benefit to which the public servant is
1-9 lawfully entitled or for which he gives legitimate consideration in
1-10 a capacity other than as a public servant;
1-11 (2) a gift or other benefit conferred on account of
1-12 kinship or a personal, professional, or business relationship
1-13 independent of the official status of the recipient; or
1-14 (3) a benefit to a public servant required to file a
1-15 statement under Chapter 421, Acts of the 63rd Legislature, Regular
1-16 Session, 1973 (Article 6252-9b, Vernon's Texas Civil Statutes), or
1-17 a report under Title 15, Election Code, that is derived from a
1-18 function in honor or appreciation of the recipient if:
1-19 (A) the benefit and the source of any benefit in
1-20 excess of $50 is reported in the statement; and
1-21 (B) the benefit is used solely to defray the
1-22 expenses that accrue in the performance of duties or activities in
1-23 connection with the office which are nonreimbursable by the state
2-1 or political subdivision;
2-2 (4) a political contribution as defined by Title 15,
2-3 Election Code; <or>
2-4 (5) a gift, award, or memento to a member of the
2-5 legislative or executive branch that is required to be reported
2-6 under Chapter 305, Government Code; or
2-7 (6) a noncash, nonnegotiable gift that has a value of
2-8 less than $25.
2-9 SECTION 2. This Act takes effect September 1, 1993.
2-10 SECTION 3. The importance of this legislation and the
2-11 crowded condition of the calendars in both houses create an
2-12 emergency and an imperative public necessity that the
2-13 constitutional rule requiring bills to be read on three several
2-14 days in each house be suspended, and this rule is hereby suspended.