By: Cook of Colorado H.B. No. 2294
A BILL TO BE ENTITLED
AN ACT
relating to the venue for certain crimes regarding misapplication
of property.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 13, Code of Criminal Procedure, is
amended by adding Article 13.30 to read as follows:
Art. 13.30. MISAPPLICATION OF CERTAIN PROPERTY. (a) An
offender who misapplies property held as a fiduciary or property of
a financial institution in one county and removes the property to
another county may be prosecuted in the county where the offender
misapplied the property, in any other county through or into which
the offender removed the property, or, as applicable, in the county
in which the fiduciary was appointed to serve.
(b) An offense related to misapplication of construction
trust funds under Chapter 162, Property Code, must be prosecuted in
the county where the construction project is located.
SECTION 2. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
covered by the law in effect when the offense was committed, and the
former law is continued in effect for that purpose. For purposes of
this section, an offense was committed before the effective date of
this Act if any element of the offense was committed before that
date.
SECTION 3. This Act takes effect September 1, 2005.