Obstrucción a Acreedores Garantizados

Sec. 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 Statute text rendered on: 1/1/2025 - 241 - PENAL CODE 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 $100; (2) Class B misdemeanor if the value of the property destroyed, removed, concealed, encumbered, or otherwise harmed or reduced in value is $100 or more but less than $750; (3)