ACM H.B. 1297 75(R)BILL ANALYSIS


CRIMINAL JURISPRUDENCE
H.B. 1297
By: Pitts
5-7-97
Committee Report (Unamended)



BACKGROUND 

Currently, Texas law does not extend fiduciary responsibility to retailers
who enter into consignment fuel agreements with petroleum marketers.  When
retailers refuse to forward the marketer's share of the proceeds after the
sale, there is no criminal penalty available.  This bill will provide that
a fiduciary includes a commercial bailee who is a party in a motor fuel
sales agreement with a distributor or supplier.  

PURPOSE

HB 1297, as proposed, defines "fiduciary" to include a commercial bailee
who is a party in a motor fuel sales agreement with a distributor or
supplier.  

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 32.45(a)(1), Penal Code, Misapplication of
Fiduciary Property or Property of a Financial Institution, to redefine
"fiduciary" to include any other person acting in a fiduciary capacity,
but not a commercial bailee unless the commercial bailee is a party in a
motor fuel sales agreement with a distributor or supplier, as those terms
are defined by Section 153.001, Tax Code.  

SECTION 2.  The change in law made by this Act applies only to an offense
committed on or after the effective date of this Act. 

SECTION 3. Effective date: September 1, 1997.

SECTION 4. Emergency clause.