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          A BILL TO BE ENTITLED
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          AN ACT
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        relating to a nonsubstantive correction in the Penal Code. | 
      
      
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               BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
      
      
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               SECTION 1.  Section 32.45(a)(1), Penal Code, is amended to  | 
      
      
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        read as follows: | 
      
      
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                     (1)  "Fiduciary" includes: | 
      
      
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                           (A)  a trustee, guardian, administrator,  | 
      
      
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        executor, conservator, and receiver; | 
      
      
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                           (B)  an attorney in fact or agent appointed under  | 
      
      
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        a durable power of attorney as provided by Chapter XII, Texas  | 
      
      
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        Probate Code; | 
      
      
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                           (C)  any other person acting in a fiduciary  | 
      
      
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        capacity, but not a commercial bailee unless the commercial bailee  | 
      
      
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        is a party in a motor fuel sales agreement with a distributor or  | 
      
      
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        supplier, as those terms are defined by Section 162.001 [153.001],  | 
      
      
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        Tax Code; and | 
      
      
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                           (D)  an officer, manager, employee, or agent  | 
      
      
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        carrying on fiduciary functions on behalf of a fiduciary. | 
      
      
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               SECTION 2.  This Act takes effect immediately if it receives  | 
      
      
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        a vote of two-thirds of all the members elected to each house, as  | 
      
      
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        provided by Section 39, Article III, Texas Constitution.  If this  | 
      
      
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        Act does not receive the vote necessary for immediate effect, this  | 
      
      
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        Act takes effect September 1, 2013. |