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.