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.