| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to honorariums offered to and accepted by public servants. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 36.07, Penal Code, is amended by adding |
|
|
Section (b-1) to read as follows: |
|
|
(b-1) An honorarium described by Subsection (b) is not a |
|
|
political contribution as defined by Title 15, Election Code. |
|
|
SECTION 2. Section 36.10(a), Penal Code, is amended to read |
|
|
as follows: |
|
|
(a) Sections 36.08 (Gift to Public Servant) and 36.09 |
|
|
(Offering Gift to Public Servant) do not apply to: |
|
|
(1) a fee prescribed by law to be received by a public |
|
|
servant or any other benefit to which the public servant is lawfully |
|
|
entitled or for which he gives legitimate consideration in a |
|
|
capacity other than as a public servant; |
|
|
(2) a gift or other benefit conferred on account of |
|
|
kinship or a personal, professional, or business relationship |
|
|
independent of the official status of the recipient; or |
|
|
(3) a benefit to a public servant required to file a |
|
|
statement under Chapter 572, Government Code, or a report under |
|
|
Title 15, Election Code, that is derived from a function in honor or |
|
|
appreciation of the recipient if: |
|
|
(A) the benefit and the source of any benefit in |
|
|
excess of $50 is reported in the statement; and |
|
|
(B) the benefit is used solely to defray the |
|
|
expenses that accrue in the performance of duties or activities in |
|
|
connection with the office which are nonreimbursable by the state |
|
|
or political subdivision; |
|
|
(4) a political contribution as defined by Title 15, |
|
|
Election Code; |
|
|
(5) a gift, award, or memento to a member of the |
|
|
legislative or executive branch that is required to be reported |
|
|
under Chapter 305, Government Code; |
|
|
(6) an item with a value of less than $50, excluding |
|
|
cash or a negotiable instrument as described by Section 3.104, |
|
|
Business & Commerce Code; [or] |
|
|
(7) an item issued by a governmental entity that |
|
|
allows the use of property or facilities owned, leased, or operated |
|
|
by the governmental entity; or |
|
|
(8) an honorarium described by Section 36.07(b). |
|
|
SECTION 3. The changes in law made by this Act apply only to |
|
|
an honorarium accepted on or after the effective date of this Act. |
|
|
An honorarium accepted before the effective date of this Act is |
|
|
governed by the law in effect when the honorarium was made, and the |
|
|
former law is continued in effect for that purpose. |
|
|
SECTION 4. This Act takes effect September 1, 2011. |