Texas 2021 - 87th Regular

Texas Senate Bill SB252 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R5924 TYPED
2	2	By: Bettencourt S.B. No. 252
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to certain criminal offenses, punishments, and
8	8	procedures; creating a criminal offense; increasing a criminal
9	9	penalty.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Title 8, Chapter 39.01, Penal Code is amended as
12	12	follows:
13	13	Sec. 39.01. DEFINITIONS. In this chapter:
14	14	(2) "Misuse" means to deal with property contrary to:
15	15	(A) an agreement under which the public servant
16	16	holds the property;
17	17	(B) a contract of employment or oath of office of
18	18	a public servant;
19	19	(C) a law, including provisions of the General
20	20	Appropriations Act specifically relating to government property,
21	21	that prescribes the manner of custody or disposition of the
22	22	property; [or]
23	23	(D) a limited purpose for which the property is
24	24	delivered or received; or
25	25	(E) the public interest, by storing or
26	26	refurbishing non-government personal property, including art work,
27	27	at government expense, without public benefit.
28	28	SECTION 2. Title 8, Chapter 39.015, Penal Code is amended as
29	29	follows:
30	30	Sec. 39.015. CONCURRENT JURISDICTION TO PROSECUTE OFFENSES
31	31	UNDER THIS CHAPTER. [With the consent of the appropriate local
32	32	county or district attorney, the] The attorney general has
33	33	concurrent jurisdiction with [that consenting] a local prosecutor
34	34	to prosecute an offense under this chapter.
35	35	SECTION 3. Title 8, Chapter 39.02, Penal Code is amended as
36	36	follows:
37	37	Sec. 39.02. ABUSE OF OFFICIAL CAPACITY. (a) A public
38	38	servant commits an offense if, with intent to obtain or bestow a
39	39	benefit or with intent to harm or defraud another, he intentionally
40	40	or knowingly:
41	41	(1) violates a law relating to the public servant's
42	42	office or employment; [or]
43	43	(2) misuses government property, services, personnel,
44	44	or any other thing of value belonging to the government that has
45	45	come into the public servant's custody or possession by virtue of
46	46	the public servant's office or employment[.]; or
47	47	(3) misuses non-government personal property or any
48	48	other thing of value, including art work, that has come into the
49	49	public servant's custody or possession by virtue of the public
50	50	servant's office or employment by storing or refurbishing at
51	51	government expense, without public benefit.
52	52	(b) An offense under Subsection (a)(1) is a Class A
53	53	misdemeanor.
54	54	(c) An offense under Subsections (a)(2) and (3) is:
55	55	(1) a Class C misdemeanor if the value of the use of
56	56	the thing misused is less than $100;
57	57	(2) a Class B misdemeanor if the value of the use of
58	58	the thing misused is $100 or more but less than $750;
59	59	(3) a Class A misdemeanor if the value of the use of
60	60	the thing misused is $750 or more but less than $2,500;
61	61	(4) a state jail felony if the value of the use of the
62	62	thing misused is $2,500 or more but less than $30,000;
63	63	(5) a felony of the third degree if the value of the
64	64	use of the thing misused is $30,000 or more but less than $150,000;
65	65	(6) a felony of the second degree if the value of the
66	66	use of the thing misused is $150,000 or more but less than $300,000;
67	67	or
68	68	(7) a felony of the first degree if the value of the
69	69	use of the thing misused is $300,000 or more.
70	70	SECTION 4. This Act takes effect September 1, 2021.