Baker's Legal Pages are a public service of Freelance Enterprises, Inc.

From the 2005 Regular Session of the Texas Legislature

(This file was created by automatic conversion software.

See caveat and source notes at the 79th Regular Session page)

Select display:

show added and deleted text (text of bill as enacted)
hide deleted text (text in effect after effective date of bill)
hide added text (text in effect before effective date of bill)



	H.B. No. 2294



AN ACT



relating to the venue for
certain crimes regarding misapplication of property.


BE IT ENACTED BY THE LEGISLATURE
OF THE STATE OF TEXAS:


SECTION 1.  Chapter 13, Code
of Criminal Procedure, is amended by adding Article
13.30 to read as follows:


Art. 13.30.  MISAPPLICATION
OF CERTAIN PROPERTY.  (a)  An offender who misapplies
property held as a fiduciary or property of a financial
institution in one county and removes the property
to another county may be prosecuted in the county where
the offender misapplied the property, in any other
county through or into which the offender removed the
property, or, as applicable, in the county in which
the fiduciary was appointed to serve.


(b)  An offense related
to misapplication of construction trust funds under
Chapter 162, Property Code, must be prosecuted in the
county where the construction project is located.


SECTION 2.  The change in
law made by this Act applies only to an offense committed
on or after the effective date of this Act.   An offense
committed before the effective date of this Act is
covered by the law in effect when the offense was committed,
and the former law is continued in effect for that
purpose.  For purposes of this section, an offense
was committed before the effective date of this Act
if any element of the offense was committed before
that date.


SECTION 3.  This Act takes
effect September 1, 2005.




______________________________	______________________________


   President of the Senate	Speaker
of the House      


I certify that H.B. No. 2294
was passed by the House on April 27, 2005, by a non-record
vote.



______________________________




Chief
Clerk of the House   



I certify that H.B. No. 2294
was passed by the Senate on May 25, 2005, by the following
vote:  Yeas 31, Nays 0.



______________________________




Secretary
of the Senate    



APPROVED:  _____________________


                    Date 
        


           _____________________


                  Governor