By Ellis S.B. No. 1410 75R1827 JMC-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the creation of an offense for failing to return public 1-3 library property. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Chapter 31, Penal Code, is amended by adding 1-6 Section 31.14 to read as follows: 1-7 Sec. 31.14. FAILURE TO RETURN PUBLIC LIBRARY PROPERTY. (a) 1-8 A person commits an offense if, having control of the property of a 1-9 public library under a written borrowing agreement, the person 1-10 intentionally holds the property beyond the expiration of the 1-11 borrowing period without the effective consent of the library. 1-12 (b) The actor's intent to hold the property beyond the 1-13 expiration of the borrowing period without the effective consent of 1-14 the library is presumed if the actor fails to return the property 1-15 to the library before the 10th day after the date on which the 1-16 actor receives notice from the library of the expiration of the 1-17 borrowing period. 1-18 (c) For purposes of Subsection (b), notice must be in 1-19 writing and sent by registered or certified mail with return 1-20 receipt requested or by telegram with report of delivery requested. 1-21 (d) If notice is given in accordance with Subsection (c), it 1-22 is presumed that the notice is received not later than the fifth 1-23 day after the date on which the notice is sent. 1-24 (e) Subsection (b) does not prevent the state from 2-1 establishing the requisite intent by direct evidence. 2-2 (f) An offense under this section is a Class C misdemeanor. 2-3 (g) An offense under this section is not a lesser included 2-4 offense of an offense under Section 31.03. 2-5 (h) In this section, "public library" has the meaning 2-6 assigned by Section 441.122, Government Code. 2-7 SECTION 2. This Act takes effect September 1, 1997. 2-8 SECTION 3. The importance of this legislation and the 2-9 crowded condition of the calendars in both houses create an 2-10 emergency and an imperative public necessity that the 2-11 constitutional rule requiring bills to be read on three several 2-12 days in each house be suspended, and this rule is hereby suspended.