Sec. 147.064. APPROPRIATION OF PROCEEDS OF SALE. (a) A person commits an offense if, as a livestock commission merchant, the person appropriates or uses any portion of the net proceeds of the sale of livestock for a purpose other than remitting the proceeds under Section 147.004 of this code.
(b) A person commits an offense if, as a livestock auction commission merchant, the person appropriates or uses any portion of the net proceeds of the sale of livestock for a purpose other than remitting the proceeds under Section 147.004 of this code.
(c) An offense under Subsection (a) is a felony punishable by imprisonment in the Texas Department of Criminal Justice for not less than two years nor more than four years.
(d) An offense under Subsection (b) of this section is a misdemeanor punishable by:
(1) a fine of not more than $1,000; and
(2) confinement in county jail for not more than one year.
Acts 1981, 67th Leg., p. 1383, ch. 388, Sec. 1, eff. Sept. 1, 1981.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 25.004, eff. September 1, 2009.
Structure Texas Statutes
Title 6 - Production, Processing, and Sale of Animal Products
Chapter 147 - Livestock Commission Merchants
Section 147.061. Failure to File or Maintain Bond
Section 147.062. Failure to Post Copy of Bond
Section 147.063. Failure to Remit Proceeds of Sale
Section 147.064. Appropriation of Proceeds of Sale
Section 147.065. Failure to Keep or Exhibit Transportation Records