83R1513 ADM-F
  By: Toth H.B. No. 758
  relating to certain legal advice or legal services rendered to
  public servants.
         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.
         SECTION 2.  The change in law made by this Act applies only
  to the prosecution of an offense committed on or after the effective
  date of this Act.  The prosecution of an offense committed before
  the effective date of this Act is covered by the law in effect when
  the offense was committed, and the former law is continued in effect
  for this purpose. For purposes of this section, an offense is
  committed before the effective date of this Act if any element of
  the offense occurs before the effective date.
         SECTION 3.  This Act takes effect September 1, 2013.