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.