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


Senate Research Center   S.B. 437
77R5289 GWK-FBy: Staples
Criminal Justice
2/2/2001
As Filed


DIGEST AND PURPOSE 

Currently, local police departments are without statutory authority to
assist lodging properties with individuals who hold over and refuse to
vacate a hotel room. As proposed, 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 Chapter 30, Penal Code, by adding Section 30.051, as
follows: 

Sec. 30.051. CRIMINAL TRESPASS AT HOTEL. Defines "agreement," "hotel,"
"hotel staff," and "notice." Requires notice under this section to meet
certain criteria and state certain language. Provides that a person commits
an offense if the person commits  certain actions or omissions. Provides
that it is not a defense to prosecution under this section that the
defendant purports to have an oral agreement, including an oral lease,
concession, permit, right of access, license, or contract, to extend the
checkout time. Provides that an offense under this section is a Class B
misdemeanor. 

SECTION 2. Amends Section 31.04, Penal Code, by amending Subsection (a) and
adding subsection (g), to provide that a person commits theft of service
if, with intent to avoid payment for service, that the person knows is
provided only for compensation, while having control of a hotel room under
an agreement to occupy the room for a period of less than 30 days, the
person fails to provide full compensation for the period during which the
person occupied the room, or agreed to occupy the room. Defines "hotel." 

SECTION 3. Effective date: September 1, 2001.