87R17968 AJZ-F     By: Thierry, Leach, Bell of Kaufman, H.B. No. 1156       Crockett, et al.       A BILL TO BE ENTITLED   AN ACT   relating to creating the criminal offense of financial abuse of an   elderly individual.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter D, Chapter 32, Penal Code, is amended   by adding Section 32.55 to read as follows:          Sec. 32.55.  FINANCIAL ABUSE OF ELDERLY INDIVIDUAL. (a) In   this section:                (1)  "Elderly individual" has the meaning assigned by   Section 22.04.                (2)  "Financial abuse" means the wrongful taking,   appropriation, obtaining, retention, or use of, or assisting in the   wrongful taking, appropriation, obtaining, retention, or use of,   money or other property of another person by any means, including by   exerting undue influence. The term includes financial   exploitation.                (3)  "Financial exploitation" means the wrongful   taking, appropriation, obtaining, retention, or use of money or   other property of another person by a person who has a relationship   of confidence or trust with the other person. Financial   exploitation may involve coercion, manipulation, threats,   intimidation, misrepresentation, or the exerting of undue   influence. The term includes:                      (A)  the breach of a fiduciary relationship,   including the misuse of a durable power of attorney or the abuse of   guardianship powers, that results in the unauthorized   appropriation, sale, or transfer of another person's property;                      (B)  the unauthorized taking of personal assets;                      (C)  the misappropriation, misuse, or   unauthorized transfer of another person's money from a personal or   a joint account; and                      (D)  the knowing or intentional failure to   effectively use another person's income and assets for the   necessities required for the person's support and maintenance.          (b)  For purposes of Subsection (a)(3), a person has a   relationship of confidence or trust with another person if the   person:                (1)  is a parent, spouse, adult child, or other   relative by blood or marriage of the other person;                (2)  is a joint tenant or tenant in common with the   other person;                (3)  has a legal or fiduciary relationship with the   other person;                (4)  is a financial planner or investment professional   who provides services to the other person; or                (5)  is a paid or unpaid caregiver of the other person.          (c)  A person commits an offense if the person knowingly   engages in the financial abuse of an elderly individual.          (d)  An offense under this section is:                (1)  a Class B misdemeanor if the value of the property   taken, appropriated, obtained, retained, or used is less than $100;                (2)  a Class A misdemeanor if the value of the property   taken, appropriated, obtained, retained, or used is $100 or more   but less than $750;                (3)  a state jail felony if the value of the property   taken, appropriated, obtained, retained, or used is $750 or more   but less than $2,500;                (4)  a felony of the third degree if the value of the   property taken, appropriated, obtained, retained, or used is $2,500   or more but less than $30,000;                (5)  a felony of the second degree if the value of the   property taken, appropriated, obtained, retained, or used is   $30,000 or more but less than $150,000; and                (6)  a felony of the first degree if the value of the   property taken, appropriated, obtained, retained, or used is   $150,000 or more.          (e)  A person who is subject to prosecution under both this   section and another section of this code may be prosecuted under   either section or both sections.          SECTION 2.  This Act takes effect September 1, 2021.