Texas Penal Code - Section 32.45. Misapplication Of Fiduciary Property Or Property Of Financial Institution
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§ 32.45. MISAPPLICATION OF FIDUCIARY PROPERTY OR PROPERTY
OF FINANCIAL INSTITUTION. (a) For purposes of this section:
(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 153.001, Tax Code;
and
(D) an officer, manager, employee, or agent
carrying on fiduciary functions on behalf of a fiduciary.
(2) "Misapply" means deal with property contrary to:
(A) an agreement under which the fiduciary holds
the property; or
(B) a law prescribing the custody or disposition
of the property.
(b) A person commits an offense if he intentionally,
knowingly, or recklessly misapplies property he holds as a
fiduciary or property of a financial institution in a manner that
involves substantial risk of loss to the owner of the property or to
a person for whose benefit the property is held.
(c) An offense under this section is:
(1) a Class C misdemeanor if the value of the property
misapplied is less than $20;
(2) a Class B misdemeanor if the value of the property
misapplied is $20 or more but less than $500;
(3) a Class A misdemeanor if the value of the property
misapplied is $500 or more but less than $1,500;
(4) a state jail felony if the value of the property
misapplied is $1,500 or more but less than $20,000;
(5) a felony of the third degree if the value of the
property misapplied is $20,000 or more but less than $100,000;
(6) a felony of the second degree if the value of the
property misapplied is $100,000 or more but less than $200,000; or
(7) a felony of the first degree if the value of the
property misapplied is $200,000 or more.
(d) An offense described for purposes of punishment by
Subsections (c)(1)-(6) is increased to the next higher category of
offense if it is shown on the trial of the offense that the offense
was committed against an elderly individual as defined by Section
22.04.
(e) With the consent of the appropriate local county or
district attorney, the attorney general has concurrent
jurisdiction with that consenting local prosecutor to prosecute an
offense under this section that involves the state Medicaid
program.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1991, 72nd Leg., ch. 565, § 2, eff. Sept. 1,
1991; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994;
Acts 1997, 75th Leg., ch. 1036, § 14, eff. Sept. 1, 1997; Acts
2001, 77th Leg., ch. 1047, § 1, eff. Sept. 1, 2001; Acts 2003,
78th Leg., ch. 198, § 2.137, eff. Sept. 1, 2003; Acts 2003, 78th
Leg., ch. 257, § 14, eff. Sept. 1, 2003; Acts 2003, 78th Leg.,
ch. 432, § 3, eff. Sept. 1, 2003; Acts 2005, 79th Leg., ch. 728,
§ 23.001(77), eff. Sept. 1, 2005.
Section: 32.34 32.35 32.41 32.42 32.43 32.44 32.441 32.45 32.46 32.47 32.48 32.49 32.50 32.51 32.52
Last modified: August 11, 2007
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