| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to certain criminal offenses, punishments, and |
|
|
procedures; creating a criminal offense; increasing a criminal |
|
|
penalty. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Title 8, Chapter 39.01, Penal Code is amended as |
|
|
follows: |
|
|
Sec. 39.01. DEFINITIONS. In this chapter: |
|
|
(2) "Misuse" means to deal with property contrary to: |
|
|
(A) an agreement under which the public servant |
|
|
holds the property; |
|
|
(B) a contract of employment or oath of office of |
|
|
a public servant; |
|
|
(C) a law, including provisions of the General |
|
|
Appropriations Act specifically relating to government property, |
|
|
that prescribes the manner of custody or disposition of the |
|
|
property; [or] |
|
|
(D) a limited purpose for which the property is |
|
|
delivered or received; or |
|
|
(E) the public interest, by storing or |
|
|
refurbishing non-government personal property, including art work, |
|
|
at government expense, without public benefit. |
|
|
SECTION 2. Title 8, Chapter 39.015, Penal Code is amended as |
|
|
follows: |
|
|
Sec. 39.015. CONCURRENT JURISDICTION TO PROSECUTE OFFENSES |
|
|
UNDER THIS CHAPTER. [With the consent of the appropriate local |
|
|
county or district attorney, the] The attorney general has |
|
|
concurrent jurisdiction with [that consenting] a local prosecutor |
|
|
to prosecute an offense under this chapter. |
|
|
SECTION 3. Title 8, Chapter 39.02, Penal Code is amended as |
|
|
follows: |
|
|
Sec. 39.02. ABUSE OF OFFICIAL CAPACITY. (a) A public |
|
|
servant commits an offense if, with intent to obtain or bestow a |
|
|
benefit or with intent to harm or defraud another, he intentionally |
|
|
or knowingly: |
|
|
(1) violates a law relating to the public servant's |
|
|
office or employment; [or] |
|
|
(2) misuses government property, services, personnel, |
|
|
or any other thing of value belonging to the government that has |
|
|
come into the public servant's custody or possession by virtue of |
|
|
the public servant's office or employment[.]; or |
|
|
(3) misuses non-government personal property or any |
|
|
other thing of value, including art work, that has come into the |
|
|
public servant's custody or possession by virtue of the public |
|
|
servant's office or employment by storing or refurbishing at |
|
|
government expense, without public benefit. |
|
|
(b) An offense under Subsection (a)(1) is a Class A |
|
|
misdemeanor. |
|
|
(c) An offense under Subsections (a)(2) and (3) is: |
|
|
(1) a Class C misdemeanor if the value of the use of |
|
|
the thing misused is less than $100; |
|
|
(2) a Class B misdemeanor if the value of the use of |
|
|
the thing misused is $100 or more but less than $750; |
|
|
(3) a Class A misdemeanor if the value of the use of |
|
|
the thing misused is $750 or more but less than $2,500; |
|
|
(4) a state jail felony if the value of the use of the |
|
|
thing misused is $2,500 or more but less than $30,000; |
|
|
(5) a felony of the third degree if the value of the |
|
|
use of the thing misused is $30,000 or more but less than $150,000; |
|
|
(6) a felony of the second degree if the value of the |
|
|
use of the thing misused is $150,000 or more but less than $300,000; |
|
|
or |
|
|
(7) a felony of the first degree if the value of the |
|
|
use of the thing misused is $300,000 or more. |
|
|
SECTION 4. This Act takes effect September 1, 2021. |