Texas Penal Code

§ 32.45 — MISAPPLICATION OF FIDUCIARY PROPERTY OR PROPERTY OF FINANCIAL INSTITUTION

PE § 32.45Title 7. OFFENSES AGAINST PROPERTY · Ch. 32. FRAUD · Art. D. OTHER DECEPTIVE PRACTICES

Statute text

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(a)For purposes of this section:

(1)"Fiduciary" includes:

(A)a trustee, guardian, administrator, executor, conservator, and receiver;

(B)an attorney in fact or agent appointed under a durable power of attorney as provided by Subtitle P, Title 2, Estates Code;

(C)any other person acting in a fiduciary capacity, but not a commercial bailee unless the commercial bailee is a party in a motor fuel sales agreement with a distributor or supplier, as those terms are defined by Section 162.001, Tax Code; and

(D)an officer, manager, employee, or agent carrying on fiduciary functions on behalf of a fiduciary.

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Legislative history

Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 23.001(77), eff. September 1, 2005. Acts 2013, 83rd Leg., R.S., Ch. 128 (S.B. 821), Sec. 5, eff. September 1, 2013. Acts 2015, 84th Leg., R.S., Ch. 1251 (H.B. 1396), Sec. 21, eff. September 1, 2015. Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 22.057, eff. September 1, 2017.