75R10425 JMC-F                           

         By Goolsby, et al.                                     H.B. No. 237

         Substitute the following for H.B. No. 237:

         By Talton                                          C.S.H.B. No. 237

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the prosecution of failure to return public library

 1-3     property as theft of service.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 31.04, Penal Code, is amended to read as

 1-6     follows:

 1-7           Sec. 31.04.  THEFT OF SERVICE.  (a)  A person commits theft

 1-8     of service if:

 1-9                 (1)  [,] with intent to avoid payment for service that

1-10     he knows is provided only for compensation:

1-11                       (A) [(1)]  he intentionally or knowingly secures

1-12     performance of the service by deception, threat, or false token;

1-13                       (B) [(2)]  having control over the disposition of

1-14     services of another to which he is not entitled, he intentionally

1-15     or knowingly diverts the other's services to his own benefit or to

1-16     the benefit of another not entitled to them; or

1-17                       (C) [(3)]  having control of personal property

1-18     under a written rental agreement, he holds the property beyond the

1-19     expiration of the rental period without the effective consent of

1-20     the owner of the property, thereby depriving the owner of the

1-21     property of its use in further rentals; or

1-22                 (2)  having control of property of a public library

1-23     that the person knows is provided only subject to a written

1-24     borrowing agreement, the person intentionally holds the property

 2-1     beyond the expiration of the borrowing period without the effective

 2-2     consent of the public library, thereby depriving the library of the

 2-3     use of the property to make further loans of the property.

 2-4           (b)  For purposes of this section:

 2-5                 (1)  [,] intent to avoid payment is presumed if:

 2-6                       (A) [(1)]  the actor absconded without paying for

 2-7     the service in circumstances where payment is ordinarily made

 2-8     immediately upon rendering of the service, as in hotels,

 2-9     restaurants, and comparable establishments;

2-10                       (B) [(2)]  the actor failed to return the

2-11     property held under a rental agreement within 10 days after

2-12     receiving notice demanding return;  or

2-13                       (C) [(3)]  the actor returns property held under

2-14     a rental agreement after the expiration of the rental agreement and

2-15     fails to pay the applicable rental charge for the property within

2-16     10 days after the date on which the actor received notice demanding

2-17     payment; and

2-18                 (2)  intent to hold property beyond the expiration of a

2-19     borrowing period without the effective consent of a public library

2-20     is presumed if the actor fails to return the property to the

2-21     library before the 10th day after the date on which the actor

2-22     receives notice from the library of the expiration of the borrowing

2-23     period.

2-24           (c)  For purposes of Subsection (b)[(2)], notice shall be

2-25     notice in writing, sent by registered or certified mail with return

2-26     receipt  requested or by telegram with report of delivery

2-27     requested, and addressed to the actor at his address shown on the

 3-1     rental agreement.

 3-2           (d)  If written notice is given in accordance with Subsection

 3-3     (c), it is presumed that the notice was received no later than five

 3-4     days after it was sent.

 3-5           (e)  An offense under this section is:

 3-6                 (1)  except as provided by Subsection (f), a Class C

 3-7     misdemeanor if the value of the service stolen is less than $20;

 3-8                 (2)  except as provided by Subsection (f), a Class B

 3-9     misdemeanor if the value of the service stolen is $20 or more but

3-10     less than $500;

3-11                 (3)  a Class A misdemeanor if the value of the service

3-12     stolen is $500 or more but less than $1,500;

3-13                 (4)  a state jail felony if the value of the service

3-14     stolen is $1,500 or more but less than $20,000;

3-15                 (5)  a felony of the third degree if the value of the

3-16     service stolen is $20,000 or more but less than $100,000;

3-17                 (6)  a felony of the second degree if the value of the

3-18     service stolen is $100,000 or more but less than $200,000; or

3-19                 (7)  a felony of the first degree if the value of the

3-20     service stolen is $200,000 or more.

3-21           (f)  An offense under Subsection (a)(2) is a Class C

3-22     misdemeanor if the value of the property stolen is less than $500.

3-23           (g)  Notwithstanding any other provision of this code, any

3-24     police or other report of stolen vehicles by a political

3-25     subdivision of this state shall include on the report any rental

3-26     vehicles whose renters have been shown to such reporting agency to

3-27     be in violation of Subsection (b)(1)(B) [(b)(2)] and shall indicate

 4-1     that the renting agency has complied with the notice requirements

 4-2     demanding return as provided in this section.

 4-3           (h)  In this section, "public library" has the meaning

 4-4     assigned by Section 441.122, Government Code.

 4-5           SECTION 2.  (a)  The change in law made by this Act applies

 4-6     only to an offense committed on or after the effective date of this

 4-7     Act.  For purposes of this section, an offense is committed before

 4-8     the effective date of this Act if any element of the offense occurs

 4-9     before the effective date.

4-10           (b)  An offense committed before the effective date of this

4-11     Act is covered by the law in effect when the offense was committed,

4-12     and the former law is continued in effect for that purpose.

4-13           SECTION 3.  This Act takes effect September 1, 1997.

4-14           SECTION 4.  The importance of this legislation and the

4-15     crowded condition of the calendars in both houses create an

4-16     emergency and an imperative public necessity that the

4-17     constitutional rule requiring bills to be read on three several

4-18     days in each house be suspended, and this rule is hereby suspended.