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                                  * * * * *