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