77R11764 GWK-D
By Dunnam H.B. No. 2561
Substitute the following for H.B. No. 2561:
By Dunnam C.S.H.B. No. 2561
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to creating the criminal offense of misuse of the property
1-3 or services of a charter school.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter D, Chapter 32, Penal Code, is amended
1-6 by adding Section 32.451 to read as follows:
1-7 Sec. 32.451. MISUSE OF PROPERTY OR SERVICES OF CHARTER
1-8 SCHOOL. (a) In this section:
1-9 (1) "Charter holder" means an entity to which a
1-10 charter is granted under Subchapter D, Chapter 12, Education Code.
1-11 (2) "Governing body of a charter holder" means the
1-12 board of directors, board of trustees, or other governing body of a
1-13 charter holder.
1-14 (3) "Governing body of an open-enrollment charter
1-15 school" means the board of directors, board of trustees, or other
1-16 governing body of an open-enrollment charter holder. The term
1-17 includes the governing body of a charter holder if that body acts
1-18 as the governing body of the open-enrollment charter school.
1-19 (b) A member of the governing body of a charter holder, a
1-20 member of the governing body of an open-enrollment charter school,
1-21 or any other person commits an offense if, with intent to obtain a
1-22 benefit, the member or person knowingly misuses property, services,
1-23 personnel, assets, credit, funds, or any other thing of value
1-24 obtained with state funds received by the charter holder or charter
2-1 school.
2-2 (c) An offense under this section is:
2-3 (1) a Class C misdemeanor if the value of the use of
2-4 the thing misused is less than $20;
2-5 (2) a Class B misdemeanor if the value of the use of
2-6 the thing misused is $20 or more but less than $500;
2-7 (3) a Class A misdemeanor if the value of the use of
2-8 the thing misused is $500 or more but less than $1,500;
2-9 (4) a state jail felony if the value of the use of the
2-10 thing misused is $1,500 or more but less than $20,000;
2-11 (5) a felony of the third degree if the value of the
2-12 use of the thing misused is $20,000 or more but less than $100,000;
2-13 (6) a felony of the second degree if the value of the
2-14 use of the thing misused is $100,000 or more but less than
2-15 $200,000; or
2-16 (7) a felony of the first degree if the value of the
2-17 use of the thing misused is $200,000 or more.
2-18 SECTION 2. This Act takes effect September 1, 2001.