HBA-AMW H.B. 1813 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 1813
By: Wohlgemuth
Criminal Jurisprudence
7/20/2001
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 77th Legislature, an attorney in fact or agent appointed under
a durable power of attorney who misapplied fiduciary property was not
considered to have committed misapplication of fiduciary property or
property of a financial institution.  House Bill 1813 adds an attorney in
fact or agent appointed under a durable power of attorney to the
individuals that may be prosecuted for the offense of misapplication of
fiduciary property or property of a financial institution. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 1813 amends the Penal Code to provide that an attorney in fact
or agent appointed under a durable power of attorney commits the offense of
misapplication of fiduciary property or property of a financial institution
if the person intentionally, knowingly, or recklessly misapplies property
the person holds as a fiduciary or property of a financial institution that
involves substantial risk of loss to the owner of the property or to a
person for whose benefit the property is held. 

EFFECTIVE DATE

September 1, 2001.