Texas 2021 - 87th Regular

Texas House Bill HB1156 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 1156
	1	+	By: Thierry, et al. (Senate Sponsor - Menéndez) H.B. No. 1156
	2	+	(In the Senate - Received from the House May 14, 2021;
	3	+	May 14, 2021, read first time and referred to Committee on Criminal
	4	+	Justice; May 20, 2021, reported favorably by the following vote:
	5	+	Yeas 6, Nays 0; May 20, 2021, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to creating the criminal offense of financial abuse of an
6	12		elderly individual.
7	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	14		SECTION 1. Subchapter D, Chapter 32, Penal Code, is amended
9	15		by adding Section 32.55 to read as follows:
10	16		Sec. 32.55. FINANCIAL ABUSE OF ELDERLY INDIVIDUAL. (a) In
11	17		this section:
12	18		(1) "Elderly individual" has the meaning assigned by
13	19		Section 22.04.
14	20		(2) "Financial abuse" means the wrongful taking,
15	21		appropriation, obtaining, retention, or use of, or assisting in the
16	22		wrongful taking, appropriation, obtaining, retention, or use of,
17	23		money or other property of another person by any means, including by
18	24		exerting undue influence. The term includes financial
19	25		exploitation.
20	26		(3) "Financial exploitation" means the wrongful
21	27		taking, appropriation, obtaining, retention, or use of money or
22	28		other property of another person by a person who has a relationship
23	29		of confidence or trust with the other person. Financial
24	30		exploitation may involve coercion, manipulation, threats,
25	31		intimidation, misrepresentation, or the exerting of undue
26	32		influence. The term includes:
27	33		(A) the breach of a fiduciary relationship,
28	34		including the misuse of a durable power of attorney or the abuse of
29	35		guardianship powers, that results in the unauthorized
30	36		appropriation, sale, or transfer of another person's property;
31	37		(B) the unauthorized taking of personal assets;
32	38		(C) the misappropriation, misuse, or
33	39		unauthorized transfer of another person's money from a personal or
34	40		a joint account; and
35	41		(D) the knowing or intentional failure to
36	42		effectively use another person's income and assets for the
37	43		necessities required for the person's support and maintenance.
38	44		(b) For purposes of Subsection (a)(3), a person has a
39	45		relationship of confidence or trust with another person if the
40	46		person:
41	47		(1) is a parent, spouse, adult child, or other
42	48		relative by blood or marriage of the other person;
43	49		(2) is a joint tenant or tenant in common with the
44	50		other person;
45	51		(3) has a legal or fiduciary relationship with the
46	52		other person;
47	53		(4) is a financial planner or investment professional
48	54		who provides services to the other person; or
49	55		(5) is a paid or unpaid caregiver of the other person.
50	56		(c) A person commits an offense if the person knowingly
51	57		engages in the financial abuse of an elderly individual.
52	58		(d) An offense under this section is:
53	59		(1) a Class B misdemeanor if the value of the property
54	60		taken, appropriated, obtained, retained, or used is less than $100;
55	61		(2) a Class A misdemeanor if the value of the property
56	62		taken, appropriated, obtained, retained, or used is $100 or more
57	63		but less than $750;
58	64		(3) a state jail felony if the value of the property
59	65		taken, appropriated, obtained, retained, or used is $750 or more
60	66		but less than $2,500;
61	67		(4) a felony of the third degree if the value of the
62	68		property taken, appropriated, obtained, retained, or used is $2,500
63	69		or more but less than $30,000;
64	70		(5) a felony of the second degree if the value of the
65	71		property taken, appropriated, obtained, retained, or used is
66	72		$30,000 or more but less than $150,000; and
67	73		(6) a felony of the first degree if the value of the
68	74		property taken, appropriated, obtained, retained, or used is
69	75		$150,000 or more.
70	76		(e) A person who is subject to prosecution under both this
71	77		section and another section of this code may be prosecuted under
72	78		either section or both sections.
73	79		SECTION 2. This Act takes effect September 1, 2021.
74		-	______________________________ ______________________________
75		-	President of the Senate Speaker of the House
76		-	I certify that H.B. No. 1156 was passed by the House on May
77		-	13, 2021, by the following vote: Yeas 144, Nays 0, 2 present, not
78		-	voting.
79		-	______________________________
80		-	Chief Clerk of the House
81		-	I certify that H.B. No. 1156 was passed by the Senate on May
82		-	22, 2021, by the following vote: Yeas 30, Nays 0.
83		-	______________________________
84		-	Secretary of the Senate
85		-	APPROVED: _____________________
86		-	Date
87		-	_____________________
88		-	Governor
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