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A BILL TO BE ENTITLED
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AN ACT
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relating to a determination of value for purposes of punishment of |
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the offense of abuse of official capacity. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 39.02, Penal Code, is amended by adding |
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Subsections (e) and (f) to read as follows: |
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(e) If separate transactions that violate Subsection (a)(2) |
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are conducted pursuant to one scheme or continuing course of |
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conduct, the conduct may be considered as one offense and the value |
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of the funds involved in the transactions aggregated in determining |
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the classification of the offense. |
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(f) The value of the use of a thing of value misused under |
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Subsection (a)(2) may not exceed: |
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(1) the fair market value of the thing at the time of |
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the offense; or |
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(2) if the fair market value of the thing cannot be |
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ascertained, the cost of replacing the thing within a reasonable |
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time after the offense. |
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SECTION 2. 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 occurred before that date. |
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SECTION 3. This Act takes effect September 1, 2009. |