SRC-MWN S.B. 437 77(R)BILL ANALYSIS


Senate Research CenterS.B. 437
By: Staples
Criminal Justice
6/18/2001
Enrolled


DIGEST AND PURPOSE 

Local police departments are without statutory authority to assist lodging
properties with individuals who hold over and refuse to vacate a hotel
room. S.B. 437 makes such holdover activity a criminal offense once notice
is given and the occupant continues to refuse to vacate the room. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 31.04, Penal Code, by amending Subsections (a),
(b), and (c), as follows: 

(a)  Provides that a person commits theft of service if, with intent to
avoid payment for service that the person knows is provided only for
compensation, he or she intentionally or knowingly agrees to provide
compensation and, after the service is rendered, fails to provide payment
upon demand.  

(b)  Provides that for purposes of this section, intent to avoid payment is
presumed if certain conditions exist. 
  
(c)  Requires notice, for purposes of Subsections (a)(4) and (b)(2), to 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. 

SECTION 2.  Amends Section 31.04, Penal Code, by adding Subsection (g), to
provide certain defenses to prosecution. 

SECTION 3.  Amends Section 32.32(c), Penal Code, to provide that an offense
under this section is categorized as a certain misdemeanor or felony.  

SECTION 4.  Makes application of this Act prospective.

SECTION 5. Effective date: September 1, 2001.