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AN ACT
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relating to the penalty for theft from a nonprofit organization or |
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by Medicare providers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 31.03(f), Penal Code, is amended to read |
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as follows: |
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(f) An offense described for purposes of punishment by |
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Subsections (e)(1)-(6) is increased to the next higher category of |
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offense if it is shown on the trial of the offense that: |
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(1) the actor was a public servant at the time of the |
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offense and the property appropriated came into the actor's |
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custody, possession, or control by virtue of his status as a public |
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servant; |
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(2) the actor was in a contractual relationship with |
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government at the time of the offense and the property appropriated |
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came into the actor's custody, possession, or control by virtue of |
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the contractual relationship; [or] |
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(3) the owner of the property appropriated was at the |
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time of the offense: |
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(A) an elderly individual; or |
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(B) a nonprofit organization; or |
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(4) the actor was a Medicare provider in a contractual |
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relationship with the federal government at the time of the offense |
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and the property appropriated came into the actor's custody, |
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possession, or control by virtue of the contractual relationship. |
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SECTION 2. Section 31.03(h), Penal Code, is amended by |
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adding Subdivision (3) to read as follows: |
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(3) "Nonprofit organization" means an organization |
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that is exempt from federal income taxation under Section 501(a), |
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Internal Revenue Code of 1986, by being described as an exempt |
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organization by Section 501(c)(3) of that code. |
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SECTION 3. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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covered by the law in effect when the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense was committed before that |
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date. |
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SECTION 4. This Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 671 was passed by the House on April |
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21, 2009, by the following vote: Yeas 140, Nays 1, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 671 on May 29, 2009, by the following vote: Yeas 144, Nays 0, 2 |
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present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 671 was passed by the Senate, with |
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amendments, on May 27, 2009, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |