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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