BILL ANALYSIS



H.B. 1761
By: De La Garza/et al.
5-1-95
Committee Report (Unamended)


BACKGROUND

Currently, Texas counties have no ordinance authority and academic
libraries have no remedy in relation to library users not
affiliated with the institution.  Since the majority of the
materials borrowed from these libraries are purchased with public
funds, a statewide remedy is requested.  Under the current Texas
Penal Code, Title 7, Sec 31.03 and 31.04, failure of borrowers to
return such materials, borrowed with consent of the lender, does
not constitute a theft of materials or service.

PURPOSE

If enacted, H.B. 1760 would presume theft of public library
property if, after the offender has been sent certified notice, he
or she does not return the book within 11 days of the notice.  

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency, or institution.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 31, Penal Code, by adding Section 31.12
as follows:

Sec. 31.12.  PRESUMPTION FOR THEFT OF PUBLIC LIBRARY PROPERTY.

     (a) if a person who obtains library materials fails to return
     the property to the library before the 11th day after the date
     the person received notice that the property was overdue, he
     or she can be charged with (theft) under Section 31.03 of the
     Penal Code.

     (b) for purposes of Subsection (a), notice must be: (1) in
     writing; and (2) sent by registered or certified mail to the
     actor with return receipt requested or by telegram with report
     of delivery requested.

     (c) if written notice is given in accordance with Subsection
     (b), it is presumed that the notice was received not later
     than the fifth day after the date the notice was sent. 

     (d) does not prevent the state from establishing the requisite
     intent by direct evidence.

     (e) a return of some of the borrowed property does not
     preclude the presumption of the requisite intent under this
     section.

     (f) defines "public library" with the meaning assigned by
     Section 441.122, Government Code.

SECTION 2.

     (a) The change in law made by this Act applies only to an
     offense committed on or after the effective date of this Act.

     (b) An offense committed before the effective date of this Act
     is covered by the law in effect when the offense was
     committed, and the former law is continued in effect for that
     purpose.

SECTION 3.  Effective date:  September 1, 1995.

SECTION 4.  Emergency clause.

SUMMARY OF COMMITTEE ACTION

HB 1761 was considered by the full committee in a public hearing on
May 1, 1995. The following persons testified in favor of the bills:

     Steven Brown, representing the Texas Library Association;
     Helen Wooley, representing the Texas Library Association,
     Moore County;
     Margaret Waring, representing the Texas Library Association;
     and
     Sam Stone, representing the Texas Library Association.

HB 1761 was reported favorably without amendment, with the
recommendation that it do pass and be printed, by a record vote of
7 ayes, 0 nays, 0 pnv, and 2 absent.