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


Senate Research CenterC.S.S.B. 437
77R5289 GWK-FBy: Staples
Criminal Justice
3/1/2001
Committee Report (Substituted)


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. C.S.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 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, he or she intentionally or knowingly agrees
to provide compensation and, after the service is rendered, fails to
provide payment upon demand.  

SECTION 2. Effective date: September 1, 2001. 



SUMMARY OF COMMITTEE CHANGES

SECTION 1. Amends As Filed S.B. 437, Section 31.04, Penal Code, as follows:

 _Deletes proposed  SECTION 1. Redesignates proposed SECTION 2 to SECTION 1.

 _Deletes previously proposed language and adds text regarding a person who
intentionally or knowingly agrees to provide compensation and fails to
provide payment. 

SECTION 2. Redesignates SECTION 3 to SECTION 2.