HBA-LJP C.S.H.B. 878 77(R)    BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 878
By: Allen
Criminal Jurisprudence
4/17/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Under current law, a person commits criminal trespass if the person remains
on property or a building of another person without effective consent and
the person receives notice to depart, but fails to depart. Texas lodging
properties have had problems with patrons who, after checking into a room
for a designated number of days, have refused to vacate the room at the
agreed checkout time. Local police departments have indicated that they are
without statutory authority to assist lodging properties in vacating
persons who refuse to depart the property after the agreed checkout time.
C.S.H.B. 878 provides that a person commits an offense of theft of services
if the person intentionally or knowingly secures the performance of a
service by agreeing to provide compensation and, after the service is
rendered, fails to make the payment after receiving notice of the payment.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

C.S.H.B. 878 amends the Penal Code to provide that a person who
intentionally or knowingly secures the performance of a service by agreeing
to provide compensation and, after the service is rendered, fails to make
the payment after receiving notice of the payment commits theft of service. 

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 878 modifies the original to remove provisions relating to the
theft of service at a hotel by remaining in a hotel room after the agreed
checkout time under certain circumstances.  The substitute provides that an
offense of theft of service includes agreeing to compensate a service and
failing to pay for the service after receiving notice of payment.