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A BILL TO BE ENTITLED
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AN ACT
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relating to the provision of benefits to members or senior |
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employees of the Texas Transportation Commission; providing |
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criminal penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsection (a), Section 201.001, Transportation |
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Code, is amended by adding Subdivision (4) to read as follows: |
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(4) "Senior employee" means a department employee who |
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is an area engineer, a district engineer, a division director, a |
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special office director, an assistant executive director or the |
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equivalent, a deputy executive director or the equivalent, or the |
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executive director. |
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SECTION 2. Subchapter B, Chapter 201, Transportation Code, |
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is amended by adding Sections 201.060 and 201.061 to read as |
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follows: |
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Sec. 201.060. GIFT TO COMMISSIONER OR SENIOR EMPLOYEE; |
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OFFENSE. (a) In this section, "benefit" means anything reasonably |
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regarded as pecuniary gain or pecuniary advantage, including |
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benefit to any other person in whose welfare the beneficiary has a |
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direct and substantial interest. |
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(b) A commissioner or senior employee commits an offense if |
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the commissioner or senior employee solicits, accepts, or agrees to |
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accept any benefit from: |
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(1) a person the commissioner or senior employee knows |
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to be subject to regulation, inspection, or investigation by the |
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commission; or |
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(2) a person the commissioner or senior employee knows |
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is interested in or likely to become interested in any contract, |
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purchase, payment, claim, transaction, or matter involving the |
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exercise of the commissioner's or senior employee's discretion. |
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(c) A commissioner or senior employee who receives an |
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unsolicited benefit that the commissioner or senior employee is |
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prohibited from accepting under this section may donate the benefit |
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to a governmental entity that has the authority to accept the gift |
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or may donate the benefit to a recognized tax-exempt charitable |
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organization formed for educational, religious, or scientific |
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purposes. |
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(d) This section does not apply to: |
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(1) a fee prescribed by law to be received by a |
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commissioner or senior employee; |
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(2) a benefit to which the commissioner or senior |
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employee is lawfully entitled; or |
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(3) a benefit for which the commissioner or senior |
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employee gives legitimate consideration in a capacity other than as |
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a commissioner or senior employee. |
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(e) An offense under this section is a Class A misdemeanor. |
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(f) If conduct that constitutes an offense under this |
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section also constitutes an offense under Section 36.08, Penal |
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Code, the actor may be prosecuted under this section or Section |
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36.08. |
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Sec. 201.061. OFFERING GIFT TO COMMISSIONER OR SENIOR |
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EMPLOYEE; OFFENSE. (a) A person commits an offense if the person |
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offers, confers, or agrees to confer any benefit on a commissioner |
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or senior employee that the person knows the commissioner or senior |
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employee is prohibited from accepting under Section 201.060. |
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(b) An offense under this section is a Class A misdemeanor. |
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(c) If conduct that constitutes an offense under this |
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section also constitutes an offense under Section 36.09, Penal |
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Code, the actor may be prosecuted under this section or Section |
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36.09. |
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SECTION 3. The change in law made by this Act applies only |
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to an offense committed on or after September 1, 2007. An offense |
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committed before September 1, 2007, is covered by the law in effect |
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when the offense was committed, and the former law is continued in |
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effect for that purpose. For the purposes of this section, an |
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offense was committed before September 1, 2007, if any element of |
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the offense occurred before that date. |
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SECTION 4. This Act takes effect September 1, 2007. |