(1) "Fiduciary" includes:

(A) trustee, guardian, administrator, executor, conservator, and receiver;

(B) [amended 9/1/97] 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

(C) 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.

(B) any other person acting in a fiduciary capacity, but not a commercial bailee; and