By Goolsby H.B. No. 28
76R119 JMC-F
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 the actor receives
2-22 notice from the library of the expiration of the borrowing period.
2-23 (c) For purposes of Subsection (b)[(2)], notice shall be
2-24 notice in writing, sent by registered or certified mail with return
2-25 receipt requested or by telegram with report of delivery
2-26 requested, and addressed to the actor at his address shown on the
2-27 rental agreement.
3-1 (d) If written notice is given in accordance with Subsection
3-2 (c), it is presumed that the notice was received no later than five
3-3 days after it was sent.
3-4 (e) An offense under this section is:
3-5 (1) except as provided by Subsection (f), a Class C
3-6 misdemeanor if the value of the service stolen is less than $20;
3-7 (2) except as provided by Subsection (f), a Class B
3-8 misdemeanor if the value of the service stolen is $20 or more but
3-9 less than $500;
3-10 (3) a Class A misdemeanor if the value of the service
3-11 stolen is $500 or more but less than $1,500;
3-12 (4) a state jail felony if the value of the service
3-13 stolen is $1,500 or more but less than $20,000;
3-14 (5) a felony of the third degree if the value of the
3-15 service stolen is $20,000 or more but less than $100,000;
3-16 (6) a felony of the second degree if the value of the
3-17 service stolen is $100,000 or more but less than $200,000; or
3-18 (7) a felony of the first degree if the value of the
3-19 service stolen is $200,000 or more.
3-20 (f) An offense under Subsection (a)(2) is a Class C
3-21 misdemeanor if the value of the property stolen is less than $500.
3-22 (g) Notwithstanding any other provision of this code, any
3-23 police or other report of stolen vehicles by a political
3-24 subdivision of this state shall include on the report any rental
3-25 vehicles whose renters have been shown to such reporting agency to
3-26 be in violation of Subsection (b)(1)(B) [(b)(2)] and shall indicate
3-27 that the renting agency has complied with the notice requirements
4-1 demanding return as provided in this section.
4-2 (h) In this section, "public library" has the meaning
4-3 assigned by Section 441.122, Government Code.
4-4 SECTION 2. (a) The change in law made by this Act applies
4-5 only to an offense committed on or after the effective date of this
4-6 Act. For purposes of this section, an offense is committed before
4-7 the effective date of this Act if any element of the offense occurs
4-8 before that date.
4-9 (b) An offense committed before the effective date of this
4-10 Act is covered by the law in effect when the offense was committed,
4-11 and the former law is continued in effect for that purpose.
4-12 SECTION 3. This Act takes effect September 1, 1999.
4-13 SECTION 4. The importance of this legislation and the
4-14 crowded condition of the calendars in both houses create an
4-15 emergency and an imperative public necessity that the
4-16 constitutional rule requiring bills to be read on three several
4-17 days in each house be suspended, and this rule is hereby suspended.