HBA-AMW H.B. 1813 77(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 1813 By: Wohlgemuth Criminal Jurisprudence 7/20/2001 Enrolled BACKGROUND AND PURPOSE Prior to the 77th Legislature, an attorney in fact or agent appointed under a durable power of attorney who misapplied fiduciary property was not considered to have committed misapplication of fiduciary property or property of a financial institution. House Bill 1813 adds an attorney in fact or agent appointed under a durable power of attorney to the individuals that may be prosecuted for the offense of misapplication of fiduciary property or property of a financial institution. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS House Bill 1813 amends the Penal Code to provide that an attorney in fact or agent appointed under a durable power of attorney commits the offense of misapplication of fiduciary property or property of a financial institution if the person intentionally, knowingly, or recklessly misapplies property the person holds as a fiduciary or property of a financial institution that involves substantial risk of loss to the owner of the property or to a person for whose benefit the property is held. EFFECTIVE DATE September 1, 2001.