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  83R10754 JRR-F
 
  By: Pitts H.B. No. 3366
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a nonsubstantive correction in the Penal Code.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 32.45(a)(1), Penal Code, is amended to
  read as follows:
               (1)  "Fiduciary" includes:
                     (A)  a trustee, guardian, administrator,
  executor, conservator, and receiver;
                     (B)  an attorney in fact or agent appointed under
  a durable power of attorney as provided by Chapter XII, Texas
  Probate Code;
                     (C)  any other person acting in a fiduciary
  capacity, but not a commercial bailee unless the commercial bailee
  is a party in a motor fuel sales agreement with a distributor or
  supplier, as those terms are defined by Section 162.001 [153.001],
  Tax Code; and
                     (D)  an officer, manager, employee, or agent
  carrying on fiduciary functions on behalf of a fiduciary.
         SECTION 2.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2013.