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S.B. No. 804
AN ACT
relating to the liability of license deputies for sales money held
in trust for the Parks and Wildlife Department.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter H, Chapter 12, Parks and Wildlife
Code, is amended by adding Section 12.708 to read as follows:
Sec. 12.708. LIABILITY OF LICENSE DEPUTY FOR SALES.
(a) This section applies to the sale of a license, stamp, permit,
or tag generated by a license deputy or by an employee or agent of a
license deputy.
(b) A license deputy holds in trust for the benefit of the
state money that the license deputy receives from the sale of a
license, stamp, permit, or tag, minus the amount of the authorized
sales commission, until that money is transferred to the state
treasury for credit to the appropriate department account. The
license deputy is liable to the department for the full amount of
money held in trust. If the license deputy is not an individual,
each officer, director, or owner of the license deputy is
personally liable to the department for the full amount of money
held in trust.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 804 passed the Senate on
May 3, 2005, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 804 passed the House on
May 20, 2005, by the following vote: Yeas 139, Nays 0, two
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor