By King of Parker H.B. No. 1798 76R7479 PEP-D A BILL TO BE ENTITLED 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.