1-1                                   AN ACT
 1-2     relating to the prosecution of theft of services provided at
 1-3     certain service establishments.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 31.04(b), Penal Code, is amended to read
 1-6     as follows:
 1-7           (b)  For purposes of this section, intent to avoid payment is
 1-8     presumed if:
 1-9                 (1)  the actor absconded without paying for the service
1-10     or expressly refused to pay for the service in circumstances where
1-11     payment is ordinarily made immediately upon rendering of the
1-12     service, as in hotels, campgrounds, recreational vehicle parks,
1-13     restaurants, and comparable establishments;
1-14                 (2)  the actor failed to return the property held under
1-15     a rental agreement within 10 days after receiving notice demanding
1-16     return; or
1-17                 (3)  the actor returns property held under a rental
1-18     agreement after the expiration of the rental agreement and fails to
1-19     pay the applicable rental charge for the property within 10 days
1-20     after the date on which the actor received notice demanding
1-21     payment.
1-22           SECTION 2.  The change in law made by this  Act applies only
1-23     to an offense committed on or after the effective date of this Act.
1-24     An offense committed before the effective date of this Act is
 2-1     covered by the law in effect when the offense was committed, and
 2-2     the former law is continued in effect for that purpose.  For
 2-3     purposes of this section, an offense was committed before the
 2-4     effective date of this Act if any element of the offense occurred
 2-5     before that date.
 2-6           SECTION 3.  This Act takes effect September 1, 1999.
 2-7           SECTION 4.  The importance of this legislation and the
 2-8     crowded condition of the calendars in both houses create an
 2-9     emergency and an imperative public necessity that the
2-10     constitutional rule requiring bills to be read on three several
2-11     days in each house be suspended, and this rule is hereby suspended.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 1798 was passed by the House on May
         11, 1999, by a non-record vote.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 1798 was passed by the Senate on May
         26, 1999, by the following vote:  Yeas 30, Nays 0.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  _____________________
                            Date
                    _____________________
                          Governor