By De La Garza, Swinford                              H.B. No. 1761
       74R6045 NSC-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the offense of theft of public library property.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Chapter 31, Penal Code, is amended by adding
    1-5  Section 31.12 to read as follows:
    1-6        Sec. 31.12.  PRESUMPTION FOR THEFT OF PUBLIC LIBRARY
    1-7  PROPERTY.  (a)  If the actor obtained property of a public library
    1-8  by borrowing the property from the library, the actor's intent to
    1-9  deprive the owner of property under Section 31.03 (theft) is
   1-10  presumed if the actor failed to return the property to the library
   1-11  before the 11th day after the date the actor received notice that
   1-12  the property was overdue.
   1-13        (b)  For purposes of Subsection (a), notice must be:
   1-14              (1)  in writing; and
   1-15              (2)  sent by registered or certified mail to the actor
   1-16  with return receipt requested or by telegram with report of
   1-17  delivery requested.
   1-18        (c)  If written notice is given in accordance with Subsection
   1-19  (b), it is presumed that the notice was received not later than the
   1-20  fifth day after the date the notice was sent.
   1-21        (d)  This section does not prevent the state from
   1-22  establishing the requisite intent by direct evidence.
   1-23        (e)  A return of some of the borrowed property does not
   1-24  preclude the presumption of the requisite intent under this
    2-1  section.
    2-2        (f)  In this section, "public library" has the meaning
    2-3  assigned by Section 441.122, Government Code.
    2-4        SECTION 2.  (a)  The change in law made by this Act applies
    2-5  only to an offense committed on or after the effective date of this
    2-6  Act.  For purposes of this section, an offense is committed before
    2-7  the effective date of this Act if any element of the offense occurs
    2-8  before the effective date.
    2-9        (b)  An offense committed before the effective date of this
   2-10  Act is covered by the law in effect when the offense was committed,
   2-11  and the former law is continued in effect for that purpose.
   2-12        SECTION 3.  This Act takes effect September 1, 1995.
   2-13        SECTION 4.  The importance of this legislation and the
   2-14  crowded condition of the calendars in both houses create an
   2-15  emergency and an imperative public necessity that the
   2-16  constitutional rule requiring bills to be read on three several
   2-17  days in each house be suspended, and this rule is hereby suspended.