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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 of the Texas |
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Transportation Commission; providing criminal penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. 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; OFFENSE. (a) In this |
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section, "benefit" means anything reasonably regarded as pecuniary |
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gain or pecuniary advantage, including benefit to any other person |
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in whose welfare the beneficiary has a direct and substantial |
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interest. |
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(b) A commissioner commits an offense if the commissioner |
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solicits, accepts, or agrees to accept any benefit from: |
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(1) a person the commissioner knows to be subject to |
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regulation, inspection, or investigation by the commission; or |
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(2) a person the commissioner knows is interested in |
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or likely to become interested in any contract, purchase, payment, |
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claim, transaction, or matter involving the exercise of the |
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commissioner's discretion. |
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(c) A commissioner who receives an unsolicited benefit that |
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the commissioner is prohibited from accepting under this section |
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may donate the benefit to a governmental entity that has the |
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authority to accept the gift or may donate the benefit to a |
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recognized tax-exempt charitable organization formed for |
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educational, religious, or scientific 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; |
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(2) a benefit to which the commissioner is lawfully |
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entitled; or |
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(3) a benefit for which the commissioner gives |
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legitimate consideration in a capacity other than as a |
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commissioner. |
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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; OFFENSE. (a) |
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A person commits an offense if the person offers, confers, or agrees |
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to confer any benefit on a commissioner that the person knows the |
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commissioner 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 2. 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 3. This Act takes effect September 1, 2007. |