By Dunnam H.B. No. 2561 77R8420 GWK-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to creating the criminal offense of misapplication of the 1-3 property 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. MISAPPLICATION OF PROPERTY OF CHARTER SCHOOL. 1-8 (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 or a 1-20 member of the governing body of an open-enrollment charter school 1-21 commits an offense if, with intent to obtain a benefit, the member 1-22 knowingly misuses property, services, personnel, or any other thing 1-23 of value obtained with state funds received by the charter holder 1-24 or charter school. 2-1 (c) An offense under this section is: 2-2 (1) a Class C misdemeanor if the value of the use of 2-3 the thing misused is less than $20; 2-4 (2) a Class B misdemeanor if the value of the use of 2-5 the thing misused is $20 or more but less than $500; 2-6 (3) a Class A misdemeanor if the value of the use of 2-7 the thing misused is $500 or more but less than $1,500; 2-8 (4) a state jail felony if the value of the use of the 2-9 thing misused is $1,500 or more but less than $20,000; 2-10 (5) a felony of the third degree if the value of the 2-11 use of the thing misused is $20,000 or more but less than $100,000; 2-12 (6) a felony of the second degree if the value of the 2-13 use of the thing misused is $100,000 or more but less than 2-14 $200,000; or 2-15 (7) a felony of the first degree if the value of the 2-16 use of the thing misused is $200,000 or more. 2-17 SECTION 2. This Act takes effect September 1, 2001.