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.