Amend CSSB 437 as follows:
      (1)  In SECTION 1, in the introductory language to the
SECTION (Committee printing page 1, line 12), strike "Subsection
(a), Section 31.04, Penal Code, is", and substitute "Subsections
(a), (b), and (c), Section 31.04, Penal Code, are".
      (2)  In SECTION 1, in amended Section 31.04, Penal Code
(Committee printing page 1, lines 28-30), strike Subsection (a)(4)
and substitute the following:
            (4)  he intentionally or knowingly secures the
performance of the service by agreeing to provide compensation and,
after the service is rendered, fails to make the payment after
receiving notice demanding the payment.
      (b)  For purposes of this section, intent to avoid payment is
presumed if:
            (1)  the actor absconded without paying for the service
or expressly refused to pay for the service in circumstances where
payment is ordinarily made immediately upon rendering of the
service, as in hotels, campgrounds, recreational vehicle parks,
restaurants, and comparable establishments;
            (2)  the actor failed to return the property held under
a rental agreement or failed to make payment under a service
agreement within 10 days after receiving notice demanding return;
or
            (3)  the actor returns property held under a rental
agreement after the expiration of the rental agreement and fails to
pay the applicable rental charge for the property within 10 days
after the date on which the actor received notice demanding
payment.
      (c)  For purposes of Subsections (a)(4) and <Subsection>
(b)(2), notice shall be notice in writing, sent by registered or
certified mail with return receipt requested or by telegram with
report of delivery requested, and addressed to the actor at his
address shown on the rental agreement or service agreement.
      (3)  Immediately before existing SECTION 2 (Committee
printing page 1, between lines 30 and 31), insert a new SECTION 2
to read as follows:
      SECTION 2.  (a)  The change in law made by this Act applies
only to an offense committed on or after the effective date of this
Act.  For purposes of this section, an offense is committed before
the effective date of this Act if any element of the offense occurs
before the effective date.
      (b)  An offense committed before the effective date of this
Act is covered by the law in effect when the offense was committed,
and the former law is continued in effect for that purpose.
      (4)  Renumber existing SECTION 2 (Committee printing page 1,
line 31) as SECTION 3.