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.