S.B. No. 148
  relating to certain legal advice or legal services rendered to
  certain public servants.
         SECTION 1.  Section 36.10, Penal Code, is amended by
  amending Subsection (a) and adding Subsection (e) to read as
         (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
  relating to a will, power of attorney, advance directive, or other
  estate planning document rendered:
                     (A)  to a public servant who is a first responder;
                     (B)  through a program or clinic that is:
                           (i)  operated by a local bar association or
  the State Bar of Texas; and
                           (ii)  approved by the head of the agency
  employing the public servant, if the public servant is employed by
  an agency.
         (e)  In this section, "first responder" means:
               (1)  a peace officer whose duties include responding
  rapidly to an emergency;
               (2)  fire protection personnel, as that term is defined
  by Section 419.021, Government Code;
               (3)  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
               (4)  an ambulance driver; or
               (5)  an individual certified as emergency medical
  services personnel by the Department of State Health Services.
         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 that 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.
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
         I hereby certify that S.B. No. 148 passed the Senate on
  March 13, 2013, by the following vote: Yeas 31, Nays 0; and that
  the Senate concurred in House amendment on May 23, 2013, by the
  following vote: Yeas 31, Nays 0.
  Secretary of the Senate    
         I hereby certify that S.B. No. 148 passed the House, with
  amendment, on May 14, 2013, by the following vote: Yeas 143,
  Nays 0, two present not voting.
  Chief Clerk of the House