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.
1-35 * * * * *