By Swinford                                      H.B. No. 486

      75R3529 JMC-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 31.14 to read as follows:

 1-6           Sec. 31.14.  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, 1997.

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.