By Brown S.B. No. 302
75R3280 GWK-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the prosecution of certain commercial bailees for the
1-3 offense of misapplication of fiduciary property.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 32.45(a)(1), Penal Code, is amended to
1-6 read as follows:
1-7 (1) "Fiduciary" includes:
1-8 (A) trustee, guardian, administrator, executor,
1-9 conservator, and receiver;
1-10 (B) any other person acting in a fiduciary
1-11 capacity, but not a commercial bailee unless the commercial bailee
1-12 is a party in a motor fuel sales agreement with a distributor or
1-13 supplier, as those terms are defined by Section 153.001, Tax Code;
1-14 and
1-15 (C) an officer, manager, employee, or agent
1-16 carrying on fiduciary functions on behalf of a fiduciary.
1-17 SECTION 2. (a) The change in law made by this Act applies
1-18 only to an offense committed on or after the effective date of this
1-19 Act. For purposes of this section, an offense is committed before
1-20 the effective date of this Act if any element of the offense occurs
1-21 before the effective date.
1-22 (b) An offense committed before the effective date of this
1-23 Act is covered by the law in effect when the offense was committed,
1-24 and the former law is continued in effect for that purpose.
2-1 SECTION 3. This Act takes effect September 1, 1997.
2-2 SECTION 4. The importance of this legislation and the
2-3 crowded condition of the calendars in both houses create an
2-4 emergency and an imperative public necessity that the
2-5 constitutional rule requiring bills to be read on three several
2-6 days in each house be suspended, and this rule is hereby suspended.