By Harris S.B. No. 1111
77R7058 DLF-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to permissible activities of certain short-term state
1-3 employees.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 572, Government Code, is amended by
1-6 adding Subchapter D to read as follows:
1-7 SUBCHAPTER D. STATEMENTS OF CERTAIN STATE EMPLOYEES
1-8 Sec. 572.101. INFORMATION ON BENEFITS RECEIVED BY CERTAIN
1-9 SHORT-TERM STATE EMPLOYEES. (a) A person who is or is to be
1-10 employed as a state employee for a definite and limited period of
1-11 three years or less may solicit, accept, or agree to accept a
1-12 benefit from a private employer before, during, or after employment
1-13 by the state only if:
1-14 (1) the benefit received or anticipated to be received
1-15 by the person is in consideration for the person agreeing to work
1-16 for the private employer on completion of the person's definite and
1-17 limited period of state employment; and
1-18 (2) the person complies with Subsections (b), (c), and
1-19 (d).
1-20 (b) A person who receives or anticipates the receipt of a
1-21 benefit described by Subsection (a) shall file a verified statement
1-22 with the commission that states:
1-23 (1) the person's definite and limited period of state
1-24 employment;
2-1 (2) the nature and amount of the benefit solicited,
2-2 accepted, or agreed to be accepted by the person;
2-3 (3) the identity of the private employer offering,
2-4 providing, or agreeing to provide the benefit described by
2-5 Subsection (a);
2-6 (4) the date the benefit was solicited, accepted, or
2-7 agreed to be accepted; and
2-8 (5) the date the benefit was received or is
2-9 anticipated to be received.
2-10 (c) A person required to file a verified statement under
2-11 Subsection (b) shall file the statement not later than the date the
2-12 person begins the definite and limited term of state employment.
2-13 (d) If during a person's state employment the person
2-14 solicits, accepts, agrees to accept, or receives a benefit that has
2-15 not been reported under Subsection (b) or that is in addition to or
2-16 changed from a benefit reported under Subsection (b), the person
2-17 shall file a supplemental verified statement. The supplemental
2-18 verified statement must be filed not later than the seventh day
2-19 after the date that the new, additional, or changed benefit is
2-20 first solicited, accepted, agreed to be accepted, or received and
2-21 must describe the new, additional, or changed benefit.
2-22 (e) Sections 572.029 and 572.032 apply to a statement filed
2-23 under this section as if the statement were a financial statement
2-24 required by Subchapter B.
2-25 SECTION 2. Section 36.10(a), Penal Code, is amended to read
2-26 as follows:
2-27 (a) Sections 36.08 (Gift to Public Servant) and 36.09
3-1 (Offering Gift to Public Servant) do not apply to:
3-2 (1) a fee prescribed by law to be received by a public
3-3 servant or any other benefit to which the public servant is
3-4 lawfully entitled or for which he gives legitimate consideration in
3-5 a capacity other than as a public servant;
3-6 (2) a gift or other benefit conferred on account of
3-7 kinship or a personal, professional, or business relationship
3-8 independent of the official status of the recipient; or
3-9 (3) a benefit to a public servant required to file a
3-10 statement under Subchapter B, Chapter 572, Government Code, or a
3-11 report under Title 15, Election Code, that is derived from a
3-12 function in honor or appreciation of the recipient if:
3-13 (A) the benefit and the source of any benefit in
3-14 excess of $50 is reported in the statement; and
3-15 (B) the benefit is used solely to defray the
3-16 expenses that accrue in the performance of duties or activities in
3-17 connection with the office which are nonreimbursable by the state
3-18 or political subdivision;
3-19 (4) a political contribution as defined by Title 15,
3-20 Election Code;
3-21 (5) a gift, award, or memento to a member of the
3-22 legislative or executive branch that is required to be reported
3-23 under Chapter 305, Government Code;
3-24 (6) an item with a value of less than $50, excluding
3-25 cash or a negotiable instrument as described by Section 3.104,
3-26 Business & Commerce Code; [or]
3-27 (7) an item issued by a governmental entity that
4-1 allows the use of property or facilities owned, leased, or operated
4-2 by the governmental entity; or
4-3 (8) a benefit described by Section 572.101, Government
4-4 Code, to a public servant if the recipient complies with:
4-5 (A) Section 572.101, Government Code; and
4-6 (B) any written code of professional or ethical
4-7 conduct authorized under state law, if the recipient's conduct in
4-8 soliciting, accepting, or agreeing to accept the benefit is
4-9 regulated by that code.
4-10 SECTION 3. This Act takes effect immediately if it receives
4-11 a vote of two-thirds of all the members elected to each house, as
4-12 provided by Section 39, Article III, Texas Constitution. If this
4-13 Act does not receive the vote necessary for immediate effect, this
4-14 Act takes effect September 1, 2001.