By Wohlgemuth                                         H.B. No. 1813
         77R6568 GWK-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the creation of the offense of theft by a caretaker.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1. Section 31.01, Penal Code, is amended by adding
 1-5     Subdivision (10) to read as follows:
 1-6           (10)  "Disabled individual" and  "elderly individual" have
 1-7     the meanings assigned  by Section 22.04.
 1-8           SECTION 2. Chapter 31, Penal Code, is amended by adding
 1-9     Section 31.031 to read as follows:
1-10           Sec. 31.031.  THEFT BY CARETAKER. (a)  A person commits an
1-11     offense if the person, while acting as a caretaker for a disabled
1-12     individual or an elderly individual,  appropriates for personal
1-13     benefit property from the disabled individual or elderly
1-14     individual.
1-15           (b)  An offense under this section is:
1-16                 (1)  a Class C misdemeanor if the value of the property
1-17     stolen is less than $50;
1-18                 (2)  a Class B misdemeanor if the value of the property
1-19     stolen is $50 or more but less than $500;
1-20                 (3)  a Class A misdemeanor if the value of the property
1-21     stolen is $500 or more but less than $1,500;
1-22                 (4)  a state jail felony if the value of the property
1-23     stolen is $1,500 or more but less than $20,000;
1-24                 (5)  a felony of the third degree if the value of the
 2-1     property stolen is $20,000 or more but less than $100,000;
 2-2                 (6)  a felony of the second degree if the value of the
 2-3     property stolen is $100,000 or more but less than $200,000; or
 2-4                 (7)  a felony of the first degree if the value of the
 2-5     property stolen is $200,000 or more.
 2-6           SECTION 3. (a)  The change in law made by this Act applies
 2-7     only to an offense committed on or after the effective date of this
 2-8     Act.  For purposes of this section, an offense is committed before
 2-9     the effective date of this Act if any element of the offense occurs
2-10     before the effective date.
2-11           (b)  An offense committed before the effective date of this
2-12     Act is covered by the law in effect when the offense was committed,
2-13     and the former law is continued in effect for that purpose.
2-14           SECTION 4. This Act takes effect September 1, 2001.
2-15                          COMMITTEE AMENDMENT NO. 1
2-16           Amend H.B. No. 1813 as follows:
2-17           (1)  Strike SECTION 1 of the bill and substitute the
2-18     following:
2-19           SECTION 1.  Section 31.01, Penal Code, is amended by adding
2-20     Subdivisions (10) and (11) to read as follows:
2-21                 (10)  "Caretaker" means a person who:
2-22                       (A)  is a guardian;
2-23                       (B)  is a representative payee;
2-24                       (C)  is an attorney in fact or agent, regardless
2-25     of whether the person is appointed under a durable power of
2-26     attorney as provided by Chapter XII, Texas Probate Code; or
2-27                       (D)  has assumed responsibility for managing the
 3-1     property of or providing care for an elderly or disabled person.
 3-2                 (11)  "Disabled person" and "elderly person" have the
 3-3     meanings assigned by Section 48.002, Human Resources Code.
 3-4           (2)  On page 1, lines 11-12, strike "disabled individual or
 3-5     an elderly individual" and substitute "disabled or elderly person".
 3-6           (3)  On page 1, lines 13-14, strike "disabled individual or
 3-7     elderly individual" and substitute "disabled or elderly person
 3-8     without the disabled or elderly person's informed consent".
 3-9                                                                Hinojosa