H.B. No. 2685
A BILL TO BE ENTITLED
relating to the acceptance of gratuities by certain employees of
the Parks and Wildlife Department.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 11, Parks and Wildlife
Code, is amended by adding Section 11.0262 to read as follows:
Sec. 11.0262. CERTAIN GRATUITIES AUTHORIZED. (a) An
employee of the state parks division of the department may accept a
(1) the employee, as a primary job duty, serves food or
beverages in a restaurant, cafeteria, or other food service
establishment located within a state park and owned and operated by
(2) the gratuity is offered by a customer of the
restaurant, cafeteria, or other food service establishment in
appreciation of being served food or beverages by the employee;
(3) the department has designated the employee as an
employee authorized to accept a gratuity; and
(4) the employee reports the gratuity in accordance
with commission rules.
(b) The commission may adopt rules necessary to implement
SECTION 2. Section 36.10, Penal Code, is amended by adding
Subsection (d) to read as follows:
(d) Section 36.08 (Gift to Public Servant) does not apply to
a gratuity accepted and reported in accordance with Section
11.0262, Parks and Wildlife Code. Section 36.09 (Offering Gift to
Public Servant) does not apply to a gratuity that is offered in
accordance with Section 11.0262, Parks and Wildlife Code.
SECTION 3. Subchapter C, Chapter 572, Government Code, is
amended by adding Section 572.061 to read as follows:
Sec. 572.061. CERTAIN GRATUITIES AUTHORIZED. This
subchapter does not prohibit the acceptance of a gratuity that is
accepted and reported in accordance with Section 11.0262, Parks and
SECTION 4. The change in law made by Section 36.10(d), Penal
Code, applies to a criminal action with respect to an offense under
Section 36.08 or 36.09, Penal Code, committed before, on, or after
the effective date of this Act, except that a final conviction for
an offense under one of those provisions that exists on the
effective date of this Act is unaffected by this Act.
SECTION 5. This Act takes effect September 1, 2005.
President of the Senate Speaker of the House
I certify that H.B. No. 2685 was passed by the House on April
29, 2005, by a non-record vote.
Chief Clerk of the House
I certify that H.B. No. 2685 was passed by the Senate on May
20, 2005, by the following vote: Yeas 31, Nays 0.
Secretary of the Senate