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.