BILL ANALYSIS H.B. 1930 By: Swinford/et al. 05-01-95 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. 1930 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. Assumes theft if the borrower does not return the property within 11 days following the notification of overdue material. SECTION 2. Provides for which law is applicable before the effective date of this Act. SECTION 3. Effective date: September 1, 1995. SECTION 4. Emergency clause. SUMMARY OF COMMITTEE ACTION HB 1930 was considered by the full committee in a public hearing on May 1, 1995. The following persons testified in favor of the bill: 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 1930 was reported favorably without amendment, with the recommendation that it do pass and be printed and be sent to the Committee on Local and Consent Calendars, by a record vote of 7 ayes, 0 nays, 0 pnv, and 2 absent.