87R5924 TYPED
By: Bettencourt S.B. No. 252
A BILL TO BE ENTITLED
AN ACT
relating to certain criminal offenses, punishments, and
procedures; creating a criminal offense; increasing a criminal
penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 8, Chapter 39.01, Penal Code is amended as
follows:
Sec. 39.01. DEFINITIONS. In this chapter:
(2) "Misuse" means to deal with property contrary to:
(A) an agreement under which the public servant
holds the property;
(B) a contract of employment or oath of office of
a public servant;
(C) a law, including provisions of the General
Appropriations Act specifically relating to government property,
that prescribes the manner of custody or disposition of the
property; [or]
(D) a limited purpose for which the property is
delivered or received; or
(E) the public interest, by storing or
refurbishing non-government personal property, including art work,
at government expense, without public benefit.
SECTION 2. Title 8, Chapter 39.015, Penal Code is amended as
follows:
Sec. 39.015. CONCURRENT JURISDICTION TO PROSECUTE OFFENSES
UNDER THIS CHAPTER. [With the consent of the appropriate local
county or district attorney, the] The attorney general has
concurrent jurisdiction with [that consenting] a local prosecutor
to prosecute an offense under this chapter.
SECTION 3. Title 8, Chapter 39.02, Penal Code is amended as
follows:
Sec. 39.02. ABUSE OF OFFICIAL CAPACITY. (a) A public
servant commits an offense if, with intent to obtain or bestow a
benefit or with intent to harm or defraud another, he intentionally
or knowingly:
(1) violates a law relating to the public servant's
office or employment; [or]
(2) misuses government property, services, personnel,
or any other thing of value belonging to the government that has
come into the public servant's custody or possession by virtue of
the public servant's office or employment[.]; or
(3) misuses non-government personal property or any
other thing of value, including art work, that has come into the
public servant's custody or possession by virtue of the public
servant's office or employment by storing or refurbishing at
government expense, without public benefit.
(b) An offense under Subsection (a)(1) is a Class A
misdemeanor.
(c) An offense under Subsections (a)(2) and (3) is:
(1) a Class C misdemeanor if the value of the use of
the thing misused is less than $100;
(2) a Class B misdemeanor if the value of the use of
the thing misused is $100 or more but less than $750;
(3) a Class A misdemeanor if the value of the use of
the thing misused is $750 or more but less than $2,500;
(4) a state jail felony if the value of the use of the
thing misused is $2,500 or more but less than $30,000;
(5) a felony of the third degree if the value of the
use of the thing misused is $30,000 or more but less than $150,000;
(6) a felony of the second degree if the value of the
use of the thing misused is $150,000 or more but less than $300,000;
or
(7) a felony of the first degree if the value of the
use of the thing misused is $300,000 or more.
SECTION 4. This Act takes effect September 1, 2021.