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.