| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the penalty for theft from a nonprofit organization. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 31.03(f), Penal Code, is amended to read |
|
|
as follows: |
|
|
(f) An offense described for purposes of punishment by |
|
|
Subsections (e)(1)-(6) is increased to the next higher category of |
|
|
offense if it is shown on the trial of the offense that: |
|
|
(1) the actor was a public servant at the time of the |
|
|
offense and the property appropriated came into the actor's |
|
|
custody, possession, or control by virtue of his status as a public |
|
|
servant; |
|
|
(2) the actor was in a contractual relationship with |
|
|
government at the time of the offense and the property appropriated |
|
|
came into the actor's custody, possession, or control by virtue of |
|
|
the contractual relationship; or |
|
|
(3) the owner of the property appropriated was at the |
|
|
time of the offense: |
|
|
(A) an elderly individual; or |
|
|
(B) a nonprofit organization. |
|
|
SECTION 2. Section 31.03(h), Penal Code, is amended by |
|
|
adding Subdivision (3) to read as follows: |
|
|
(3) "Nonprofit organization" means an organization |
|
|
that is exempt from federal income taxation under Section 501(a), |
|
|
Internal Revenue Code of 1986, by being described as an exempt |
|
|
organization by Section 501(c)(3) of that code. |
|
|
SECTION 3. 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 4. This Act takes effect September 1, 2009. |