1-1 By: King of Parker, Morrison, et al. H.B. No. 1798 1-2 (Senate Sponsor - Harris) 1-3 (In the Senate - Received from the House May 11, 1999; 1-4 May 12, 1999, read first time and referred to Committee on Criminal 1-5 Justice; May 14, 1999, reported favorably by the following vote: 1-6 Yeas 4, Nays 0; May 14, 1999, sent to printer.) 1-7 A BILL TO BE ENTITLED 1-8 AN ACT 1-9 relating to the prosecution of theft of services provided at 1-10 certain service establishments. 1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-12 SECTION 1. Section 31.04(b), Penal Code, is amended to read 1-13 as follows: 1-14 (b) For purposes of this section, intent to avoid payment is 1-15 presumed if: 1-16 (1) the actor absconded without paying for the service 1-17 or expressly refused to pay for the service in circumstances where 1-18 payment is ordinarily made immediately upon rendering of the 1-19 service, as in hotels, campgrounds, recreational vehicle parks, 1-20 restaurants, and comparable establishments; 1-21 (2) the actor failed to return the property held under 1-22 a rental agreement within 10 days after receiving notice demanding 1-23 return; or 1-24 (3) the actor returns property held under a rental 1-25 agreement after the expiration of the rental agreement and fails to 1-26 pay the applicable rental charge for the property within 10 days 1-27 after the date on which the actor received notice demanding 1-28 payment. 1-29 SECTION 2. The change in law made by this Act applies only 1-30 to an offense committed on or after the effective date of this Act. 1-31 An offense committed before the effective date of this Act is 1-32 covered by the law in effect when the offense was committed, and 1-33 the former law is continued in effect for that purpose. For 1-34 purposes of this section, an offense was committed before the 1-35 effective date of this Act if any element of the offense occurred 1-36 before that date. 1-37 SECTION 3. This Act takes effect September 1, 1999. 1-38 SECTION 4. The importance of this legislation and the 1-39 crowded condition of the calendars in both houses create an 1-40 emergency and an imperative public necessity that the 1-41 constitutional rule requiring bills to be read on three several 1-42 days in each house be suspended, and this rule is hereby suspended. 1-43 * * * * *