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CHAPTER 32. FRAUD
§ 32.33. HINDERING SECURED CREDITORS.
(a) For purposes of this section:
(1) "Remove" means transport, without the effective
consent of the secured party, from the state in which the property
was located when the security interest or lien attached.
(2) "Security interest" means an interest in personal
property or fixtures that secures payment or performance of an
obligation.
(b) A person who has signed a security agreement creating a
security interest in property or a mortgage or deed of trust
creating a lien on property commits an offense if, with intent to
hinder enforcement of that interest or lien, he destroys, removes,
conceals, encumbers, or otherwise harms or reduces the value of the
property.
(c) For purposes of this section, a person is presumed to
have intended to hinder enforcement of the security interest or
lien if, when any part of the debt secured by the security interest
or lien was due, he failed:
(1) to pay the part then due; and
(2) if the secured party had made demand, to deliver
possession of the secured property to the secured party.
(d) An offense under Subsection (b) is a:
(1) Class C misdemeanor if the value of the property
destroyed, removed, concealed, encumbered, or otherwise harmed or
reduced in value is less than $20;
(2) Class B misdemeanor if the value of the property
destroyed, removed, concealed, encumbered, or otherwise harmed or
reduced in value is $20 or more but less than $500;
(3) Class A misdemeanor if the value of the property
destroyed, removed, concealed, encumbered, or otherwise harmed or
reduced in value is $500 or more but less than $1,500;
(4) state jail felony if the value of the property
destroyed, removed, concealed, encumbered, or otherwise harmed or
reduced in value is $1,500 or more but less than $20,000;
(5) felony of the third degree if the value of the
property destroyed, removed, concealed, encumbered, or otherwise
harmed or reduced in value is $20,000 or more but less than
$100,000;
(6) felony of the second degree if the value of the
property destroyed, removed, concealed, encumbered, or otherwise
harmed or reduced in value is $100,000 or more but less than
$200,000; or
(7) felony of the first degree if the value of the
property destroyed, removed, concealed, encumbered, or otherwise
harmed or reduced in value is $200,000 or more.
(e) A person who is a debtor under a security agreement, and
who does not have a right to sell or dispose of the secured property
or is required to account to the secured party for the proceeds of a
permitted sale or disposition, commits an offense if the person
sells or otherwise disposes of the secured property, or does not
account to the secured party for the proceeds of a sale or other
disposition as required, with intent to appropriate (as defined in
Chapter 31) the proceeds or value of the secured property. A person
is presumed to have intended to appropriate proceeds if the person
does not deliver the proceeds to the secured party or account to the
secured party for the proceeds before the 11th day after the day
that the secured party makes a lawful demand for the proceeds or
account. An offense under this subsection is:
(1) a Class C misdemeanor if the proceeds obtained
from the sale or other disposition are money or goods having a value
of less than $20;
(2) a Class B misdemeanor if the proceeds obtained
from the sale or other disposition are money or goods having a value
of $20 or more but less than $500;
(3) a Class A misdemeanor if the proceeds obtained
from the sale or other disposition are money or goods having a value
of $500 or more but less than $1,500;
(4) a state jail felony if the proceeds obtained from
the sale or other disposition are money or goods having a value of
$1,500 or more but less than $20,000;
(5) a felony of the third degree if the proceeds
obtained from the sale or other disposition are money or goods
having a value of $20,000 or more but less than $100,000;
(6) a felony of the second degree if the proceeds
obtained from the sale or other disposition are money or goods
having a value of $100,000 or more but less than $200,000; or
(7) a felony of the first degree if the proceeds
obtained from the sale or other disposition are money or goods
having a value of $200,000 or more.
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