SRC-JBJ H.B. 1798 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 1798
76R7479 PEP-DBy: King, Phil (Harris)
Criminal Justice
5/13/1999
Engrossed


DIGEST 

The Texas Association of Campground Owners has expressed a concern
regarding customers who do not pay for use of the campground facilities,
but remain on the premises.  Campground owners have complained that in such
instances law enforcement officials may decline to act, stating that it is
a landlord tenant issue, while justice of the peace courts refuse to hear
an eviction case, stating that the issue is a criminal matter.  H.B. 1798
would add avoidance of payment for services rendered in campgrounds and
recreational vehicle parks to the theft of services statute. 

PURPOSE

As proposed, H.B. 1798 amends regulations regarding the prosecution of
theft of services provided at certain service establishments. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 31.04(b), Penal Code, to provide that for
purposes of this section, intent to avoid payment is presumed if the actor
expressly refused to pay for a service ordinarily requiring immediately
payment, such as a campground or recreational vehicle park. 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.