SECTION 1. 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;
(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) transportation, lodging,
and meals described by Section 36.07(b); or
(9) complimentary legal
advice or legal services, including advice or
services relating to a will, power of attorney, advance directive,
or other estate planning document, rendered to the public servant through a program or clinic that is:
(A) operated by a local
bar association or the State Bar of Texas; and
(B) approved by the head
of the agency employing the public servant, if the public servant is
employed by an agency.
No
equivalent provision.
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SECTION 1. Section 36.10,
Penal Code, is amended by amending Subsection (a) and adding Subsection (e)
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;
(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) transportation, lodging,
and meals described by Section 36.07(b); or
(9) complimentary legal
advice or legal services relating to a will, power of attorney, advance
directive, or other estate planning document rendered to a public servant who is a first responder
through a program or clinic that is:
(A) operated by a local
bar association or the State Bar of Texas; and
(B) approved by the head
of the agency employing the public servant, if the public servant is
employed by an agency.
(e) In this section,
"first responder" means:
(1) a peace officer whose
duties include responding rapidly to an emergency;
(2) fire protection
personnel as that term is defined by Section 419.021, Government Code;
(3) a volunteer
firefighter who performs firefighting duties on behalf of a political
subdivision and is not elected to the Texas Legislature or as a statewide
officeholder;
(4) an ambulance driver;
or
(5) an individual
certified as emergency medical services personnel by the Department of
State Health Services.
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