S.B. No. 828
AN ACT
relating to a determination of value for purposes of punishment of
the offense of abuse of official capacity.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 39.02, Penal Code, is amended by adding
Subsections (e) and (f) to read as follows:
(e) If separate transactions that violate Subsection (a)(2)
are conducted pursuant to one scheme or continuing course of
conduct, the conduct may be considered as one offense and the value
of the use of the things misused in the transactions may be
aggregated in determining the classification of the offense.
(f) The value of the use of a thing of value misused under
Subsection (a)(2) may not exceed:
(1) the fair market value of the thing at the time of
the offense; or
(2) if the fair market value of the thing cannot be
ascertained, the cost of replacing the thing within a reasonable
time after the offense.
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 occurred before that date.
SECTION 3. This Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 828 passed the Senate on
April 2, 2009, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendment on May 11, 2009, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 828 passed the House, with
amendment, on May 7, 2009, by the following vote: Yeas 143,
Nays 0, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor