BILL ANALYSIS |
C.S.S.B. 148 |
By: Williams |
Elections |
Committee Report (Substituted) |
BACKGROUND AND PURPOSE
In an effort to recognize first responders, a local bar association in Texas created a program that provided first responders with complimentary estate planning that included wills, powers of attorney, and directives to physicians. Interested parties note that the program was successful for several years until the bar association became concerned the program might violate certain statutory provisions relating to the acceptance of gifts by public servants, as the value of an estate planning document may exceed the maximum allowable value of a gift that a public servant may accept. Because the parties contend that these services should be available to certain first responders, C.S.S.B. 148 seeks to address this concern.
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RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
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ANALYSIS
C.S.S.B. 148 amends the Penal Code to expand the gifts and benefits that are exempt from the offense of offering a gift to a public servant and the offense of a public servant's soliciting, accepting, or agreeing to accept a gift from a person known to be subject to the public servant's jurisdiction to include 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 and through a program or clinic that is operated by a local bar association or the State Bar of Texas and, if the public servant is employed by an agency, that is approved by the head of the agency employing the public servant. The bill defines "first responder" as a peace officer whose duties include responding rapidly to an emergency; fire protection personnel, as defined by reference to Government Code provisions relating to regulating and assisting fire fighters and fire departments; a volunteer firefighter who performs firefighting duties on behalf of a political subdivision and who is not serving as a member of the Texas Legislature or holding a statewide elected office; an ambulance driver; or an individual certified as emergency medical services personnel by the Department of State Health Services.
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EFFECTIVE DATE
September 1, 2013.
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COMPARISON OF ORIGINAL AND SUBSTITUTE
While C.S.S.B. 148 may differ from the engrossed version in minor or nonsubstantive ways, the following comparison is organized and highlighted in a manner that indicates the substantial differences between the engrossed and committee substitute versions of the bill.
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