AEZ C.S.H.B. 237 75(R)BILL ANALYSIS


CRIMINAL JURISPRUDENCE
C.S.H.B. 237
By: Goolsby
4-2-97
Committee Report (Substituted)


BACKGROUND 

Currently, failing to return library materials is not considered theft
since library property is taken with the owners permission free of charge.
Library material theft is not covered in the Theft of Service section of
the Penal Code (Section 31.04) which does cover similar acts such as video
rental theft.  At this time, the only remedy in state law for retrieving
stolen library materials is initiating a civil suit in small claims court. 

PURPOSE

CSHB 237, as proposed will provide publicly funded libraries in Texas the
necessary legal remedy to better facilitate the recovery of library
materials or proper compensation. by adding FAILURE TO RETURN PUBLIC
LIBRARY PROPERTY TO to Chapter 31 THEFT, Penal Code.  

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 31.04, Penal Code, Theft of Service, by adding
section 31.04 as follows:   A person who knows that the property borrowed
from a public library is subject to a written borrowing agreement and
knowingly holds the property beyond the expiration of the borrowing period
without the consent of the library.  Intent to avoid payment is presumed
if  the person intentionally holds property beyond the borrowing period
without the consent of the public library and fails to return the property
before the 10th day after the date notification from the library is
received. 

An offense under this section is a Class C misdemeanor if the value of the
property stolen is less than $500.  In this section "public library" has
the meaning assigned by Sec. 441.122, Government Code. 


SECTION 2.The change in law made by this act applies only to an offense
committed on or after the effective date of this act.  An offense
committed before the effective date of this act is covered by the law in
effect when the offense was committed. 
 
SECTION 3: Effective Date:  September 1, 1997.

SECTION 4:Emergency Clause.  


COMPARISON OF ORIGINAL TO SUBSTITUTE

The original bill added Section 31.014 to Chapter 31 of the Penal Code.
The substituted amends Section 31.04, Penal Code.  The original bill
stated that an offense would be a Class C misdemeanor, the substitute also
made it a Class C misdemeanor if the value of the property stolen is less
than $500.