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Texas House Bill HB1869

Texas 2009 - 81st Regular

Texas House Bill HB1869 Compare Versions

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11 81R1798 SJM-F
22 By: Madden H.B. No. 1869
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to a determination of value for purposes of punishment of
88 the offense of abuse of official capacity.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Section 39.02, Penal Code, is amended by adding
1111 Subsections (e) and (f) to read as follows:
1212 (e) If separate transactions that violate Subsection (a)(2)
1313 are conducted pursuant to one scheme or continuing course of
1414 conduct, the conduct may be considered as one offense and the value
1515 of the funds involved in the transactions aggregated in determining
1616 the classification of the offense.
1717 (f) The value of the use of a thing of value misused under
1818 Subsection (a)(2) may not exceed:
1919 (1) the fair market value of the thing at the time of
2020 the offense; or
2121 (2) if the fair market value of the thing cannot be
2222 ascertained, the cost of replacing the thing within a reasonable
2323 time after the offense.
2424 SECTION 2. The change in law made by this Act applies only
2525 to an offense committed on or after the effective date of this Act.
2626 An offense committed before the effective date of this Act is
2727 covered by the law in effect when the offense was committed, and the
2828 former law is continued in effect for that purpose. For purposes of
2929 this section, an offense was committed before the effective date of
3030 this Act if any element of the offense occurred before that date.
3131 SECTION 3. This Act takes effect September 1, 2009.