(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 employee, as an auxiliary duty in performance of a regular duty renders a special customer service to an individual or group;
(3) the gratuity is offered by a customer:
(A) of the restaurant, cafeteria, food service establishment, or hospitality unit of the state parks division in appreciation of being served food or beverages by the employee; or
(B) of a hospitality unit of the state parks division, in appreciation of receiving some other customer service from the employee;
(4) the department has designated the employee as an employee authorized to accept a gratuity; and
(5) the employee reports the gratuity in accordance with commission rules.
(b) The commission may adopt rules necessary to implement this section.