1-1 By: Brown S.B. No. 302 1-2 (In the Senate - Filed January 24, 1997; January 29, 1997, 1-3 read first time and referred to Committee on Jurisprudence; 1-4 February 18, 1997, reported favorably by the following vote: Yeas 1-5 7, Nays 0; February 18, 1997, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to the prosecution of certain commercial bailees for the 1-9 offense of misapplication of fiduciary property. 1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-11 SECTION 1. Subdivision (1), Subsection (a), Section 32.45, 1-12 Penal Code, is amended to read as follows: 1-13 (1) "Fiduciary" includes: 1-14 (A) trustee, guardian, administrator, executor, 1-15 conservator, and receiver; 1-16 (B) any other person acting in a fiduciary 1-17 capacity, but not a commercial bailee unless the commercial bailee 1-18 is a party in a motor fuel sales agreement with a distributor or 1-19 supplier, as those terms are defined by Section 153.001, Tax Code; 1-20 and 1-21 (C) an officer, manager, employee, or agent 1-22 carrying on fiduciary functions on behalf of a fiduciary. 1-23 SECTION 2. (a) The change in law made by this Act applies 1-24 only to an offense committed on or after the effective date of this 1-25 Act. For purposes of this section, an offense is committed before 1-26 the effective date of this Act if any element of the offense occurs 1-27 before the effective date. 1-28 (b) An offense committed before the effective date of this 1-29 Act is covered by the law in effect when the offense was committed, 1-30 and the former law is continued in effect for that purpose. 1-31 SECTION 3. This Act takes effect September 1, 1997. 1-32 SECTION 4. The importance of this legislation and the 1-33 crowded condition of the calendars in both houses create an 1-34 emergency and an imperative public necessity that the 1-35 constitutional rule requiring bills to be read on three several 1-36 days in each house be suspended, and this rule is hereby suspended. 1-37 * * * * *