Bill Text: TX SB252 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to certain criminal offenses, punishments, and procedures; creating a criminal offense; increasing a criminal penalty.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-03-29 - No action taken in committee [SB252 Detail]
Download: Texas-2021-SB252-Introduced.html
87R5924 TYPED | ||
By: Bettencourt | S.B. No. 252 |
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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; [ |
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(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. [ |
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concurrent jurisdiction with [ |
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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; [ |
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(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[ |
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(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. |