1-1     By:  Wohlgemuth (Senate Sponsor - Duncan)             H.B. No. 1813
 1-2           (In the Senate - Received from the House May 7, 2001;
 1-3     May 7, 2001, read first time and referred to Committee on
 1-4     Jurisprudence; May 11, 2001, reported favorably by the following
 1-5     vote:  Yeas 4, Nays 0; May 11, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the misapplication of fiduciary property by certain
 1-9     persons.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Section 32.45(a)(1), Penal Code, is amended to
1-12     read as follows:
1-13                 (1)  "Fiduciary" includes:
1-14                       (A)  a trustee, guardian, administrator,
1-15     executor, conservator, and receiver;
1-16                       (B)  an attorney in fact or agent appointed under
1-17     a durable power of attorney as provided by Chapter XII, Texas
1-18     Probate Code;
1-19                       (C)  any other person acting in a fiduciary
1-20     capacity, but not a commercial bailee unless the commercial bailee
1-21     is a party in a motor fuel sales agreement with a distributor or
1-22     supplier, as those terms are defined by Section 153.001, Tax Code;
1-23     and
1-24                       (D) [(C)]  an officer, manager, employee, or
1-25     agent carrying on fiduciary functions on behalf of a fiduciary.
1-26           SECTION 2. (a)  The change in law made by this Act applies
1-27     only to an offense committed on or after the effective date of this
1-28     Act.  For purposes of this section, an offense is committed before
1-29     the effective date of this Act if any element of the offense occurs
1-30     before the effective date.
1-31           (b)  An offense committed before the effective date of this
1-32     Act is covered by the law in effect when the offense was committed,
1-33     and the former law is continued in effect for that purpose.
1-34           SECTION 3. This Act takes effect September 1, 2001.
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