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A BILL TO BE ENTITLED
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AN ACT
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relating to certain legal advice or legal services rendered to |
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certain public servants. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 36.10, Penal Code, is amended by |
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amending Subsection (a) and adding Subsection (e) to read as |
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follows: |
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(a) Sections 36.08 (Gift to Public Servant) and 36.09 |
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(Offering Gift to Public Servant) do not apply to: |
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(1) a fee prescribed by law to be received by a public |
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servant or any other benefit to which the public servant is lawfully |
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entitled or for which he gives legitimate consideration in a |
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capacity other than as a public servant; |
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(2) a gift or other benefit conferred on account of |
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kinship or a personal, professional, or business relationship |
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independent of the official status of the recipient; [or] |
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(3) a benefit to a public servant required to file a |
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statement under Chapter 572, Government Code, or a report under |
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Title 15, Election Code, that is derived from a function in honor or |
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appreciation of the recipient if: |
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(A) the benefit and the source of any benefit in |
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excess of $50 is reported in the statement; and |
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(B) the benefit is used solely to defray the |
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expenses that accrue in the performance of duties or activities in |
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connection with the office which are nonreimbursable by the state |
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or political subdivision; |
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(4) a political contribution as defined by Title 15, |
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Election Code; |
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(5) a gift, award, or memento to a member of the |
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legislative or executive branch that is required to be reported |
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under Chapter 305, Government Code; |
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(6) an item with a value of less than $50, excluding |
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cash or a negotiable instrument as described by Section 3.104, |
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Business & Commerce Code; |
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(7) an item issued by a governmental entity that |
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allows the use of property or facilities owned, leased, or operated |
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by the governmental entity; [or] |
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(8) transportation, lodging, and meals described by |
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Section 36.07(b); or |
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(9) complimentary legal advice or legal services |
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relating to a will, power of attorney, advance directive, or other |
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estate planning document rendered to a public servant who is a first |
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responder through a program or clinic that is: |
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(A) operated by a local bar association or the |
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State Bar of Texas; and |
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(B) approved by the head of the agency employing |
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the public servant, if the public servant is employed by an agency. |
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(e) In this section, "first responder" means: |
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(1) a peace officer whose duties include responding |
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rapidly to an emergency; |
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(2) fire protection personnel |
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as that term is defined |
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by Section 419.021, Government Code; |
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(3) a volunteer firefighter who performs firefighting |
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duties on behalf of a political subdivision and is not elected to |
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the Texas Legislature or as a statewide officeholder; |
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(4) an ambulance driver; or |
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(5) an individual certified as emergency medical |
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services personnel by the Department of State Health Services. |
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SECTION 2. The change in law made by this Act applies only |
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to the prosecution of an offense committed on or after the effective |
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date of this Act. The prosecution of an offense committed before |
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the effective date of this Act is covered by the law in effect when |
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the offense was committed, and the former law is continued in effect |
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for this purpose. For purposes of this section, an offense is |
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committed before the effective date of this Act if any element of |
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the offense occurs before the effective date. |
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SECTION 3. This Act takes effect September 1, 2013. |