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.