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.