By Wohlgemuth                                         H.B. No. 1813
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the misapplication of fiduciary property by certain
 1-3     persons.
 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)  a trustee, guardian, administrator,
 1-9     executor, conservator, and receiver;
1-10                       (B)  an attorney in fact or agent appointed under
1-11     a durable power of attorney as provided by Chapter XII, Texas
1-12     Probate Code;
1-13                       (C)  any other person acting in a fiduciary
1-14     capacity, but not a commercial bailee unless the commercial bailee
1-15     is a party in a motor fuel sales agreement with a distributor or
1-16     supplier, as those terms are defined by Section 153.001, Tax Code;
1-17     and
1-18                       (D) [(C)]  an officer, manager, employee, or
1-19     agent carrying on fiduciary functions on behalf of a fiduciary.
1-20           SECTION 2. (a)  The change in law made by this Act applies
1-21     only to an offense committed on or after the effective date of this
1-22     Act.  For purposes of this section, an offense is committed before
1-23     the effective date of this Act if any element of the offense occurs
1-24     before the effective date.
 2-1           (b)  An offense committed before the effective date of this
 2-2     Act is covered by the law in effect when the offense was committed,
 2-3     and the former law is continued in effect for that purpose.
 2-4           SECTION 3. This Act takes effect September 1, 2001.