TO: | Honorable Rodney Ellis, Chair, Senate Committee on Government Organization |
FROM: | John Keel, Director, Legislative Budget Board |
IN RE: | HB1218 by Chisum (Relating to the continuation and functions of the Texas State Board of Public Accountancy and to the confidentiality of certain information of a taxpayer undergoing examination by the comptroller; providing penalties.), As Engrossed |
The provision of the bill that is the subject of this analysis would amend the Occupations Code by making offenses that involve intentional fraud punishable as felony offenses. An offense involving intentional fraud is punishable as: a) a state jail felony if the violation results in a monetary loss of less than $10,000 or did not result in a monetary loss; b) a felony of the third degree if the violation results in a monetary loss of at least $10,000 but less than $100,000; or c) a felony of the second degree if the violation results in a monetary loss of at least $100,000. Under current law the criminal penalty for an offense under this chapter is punishable as a Class B misdemeanor.
A state jail felony is punishable by confinement in a state jail for any term of not more than two years or less than 180 days, or, in addition to confinement, a fine not to exceed $10,000.
A third degree felony is punishable by imprisonment in the institutional division for any term of not more than 10 years or less than 2 years, or, in addition to confinement, a fine not to exceed $10,000.
A second degree felony is punishable by imprisonment in the institutional division for any term of not more than 20 years or less than 2 years, or, in addition to confinement, a fine not to exceed $10,000.
Source Agencies: | |
LBB Staff: | JK, GG
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