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From the 2005 Regular Session of the Texas Legislature

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See caveat and source notes at the 79th Regular Session page)

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	H.B. No. 2685



A BILL TO BE ENTITLED




AN ACT



relating to the acceptance of gratuities
by certain employees of the Parks and Wildlife Department.


BE IT ENACTED BY THE LEGISLATURE OF THE
STATE OF TEXAS:


SECTION 1.  Subchapter B, Chapter 11, Parks
and Wildlife Code, is amended by adding Section 11.0262
to read as follows:


Sec. 11.0262.  CERTAIN GRATUITIES AUTHORIZED.
 (a)  An employee of the state parks division of the
department may accept a gratuity if:


	(1)  the employee, as a primary job
duty, serves food or beverages in a restaurant, cafeteria,
or other food service establishment located within
a state park and owned and operated by the department;


	(2)  the gratuity is offered by a customer
of the restaurant, cafeteria, or other food service
establishment in appreciation of being served food
or beverages by the employee;


	(3)  the department has designated the
employee as an employee authorized to accept a gratuity;
and


	(4)  the employee reports the gratuity
in accordance with commission rules.


(b)  The commission may adopt rules
necessary to implement this section.


SECTION 2.  Section 36.10, Penal Code,
is amended by adding Subsection (d) to read as follows:


(d)  Section 36.08 (Gift to Public Servant)
does not apply to a gratuity accepted and reported
in accordance with Section 11.0262, Parks and Wildlife
Code. Section 36.09 (Offering Gift to Public Servant)
does not apply to a gratuity that is offered in accordance
with Section 11.0262, Parks and Wildlife Code.


SECTION 3.  Subchapter C, Chapter 572,
Government Code, is amended by adding Section 572.061
to read as follows:


Sec. 572.061.  CERTAIN GRATUITIES AUTHORIZED.
 This subchapter does not prohibit the acceptance of
a gratuity that is accepted and reported in accordance
with Section 11.0262, Parks and Wildlife Code.


SECTION 4.  The change in law made by Section
36.10(d), Penal Code, applies to a criminal action
with respect to an offense under Section 36.08 or 36.09,
Penal Code, committed before, on, or after the effective
date of this Act, except that a final conviction for
an offense under one of those provisions that exists
on the effective date of this Act is unaffected by
this Act.


SECTION 5.  This Act takes effect September
1, 2005.




______________________________	______________________________


   President of the Senate	Speaker of the
House      


I certify that H.B. No. 2685 was passed
by the House on April 29, 2005, by a non-record vote.



______________________________




Chief Clerk of the
House   



I certify that H.B. No. 2685 was passed
by the Senate on May 20, 2005, by the following vote:
 Yeas 31, Nays 0.



______________________________




Secretary of the Senate
   



APPROVED:  _____________________


                    Date          


           _____________________


                  Governor