By Turner of Coleman H.B. No. 610
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to theft of retail water utility service.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 31.04, Penal Code, is amended by amending
1-5 subsections (a)(2)-(3) and by adding new subsection (a)(4) to read
1-6 as follows:
1-7 (2) having control over the disposition of services of
1-8 another to which he is not entitled, he intentionally or knowingly
1-9 diverts the other's services to his own benefit or to the benefit
1-10 of another not entitled to them; [or]
1-11 (3) having control of personal property under a
1-12 written rental agreement, he holds the property beyond the
1-13 expiration of the rental period without the effective consent of
1-14 the owner of the property, thereby depriving the owner of the
1-15 property of its use in further rentals[.]; or
1-16 (4) for retail water utility service, altering a
1-17 meter, constructing a service line or other connection to the
1-18 distribution system, or any other use of water service facilities,
1-19 without the permission of the retail water utility.
1-20 SECTION 2. Section 31.04(b)(1), Penal Code, is amended to
1-21 read as follows:
1-22 (1) the actor absconded without paying for the service
2-1 or expressly refused to pay for the service in circumstances where
2-2 payment is ordinarily made immediately upon rendering of the
2-3 service, as in hotels, campgrounds, recreational vehicle parks,
2-4 restaurants, and comparable establishments[.] and, for retail water
2-5 utility service, following a written request for payment from the
2-6 retail water utility.
2-7 SECTION 3. Section 31.04(e)(5)-(7), Penal Code, subsections
2-8 (e)(5)-(7) are amended to read as follows:
2-9 (5) a felony of the third degree if the value of the
2-10 service stolen is $20,000 or more but less than $100,000[;] and,
2-11 for retail water utility service, the value of the service stolen
2-12 is $500 or more but less than $750;
2-13 (6) a felony of the second degree if the value of the
2-14 service stolen is $100,000 or more but less than $200,000[; or]
2-15 and, for retail water utility service, the value of the service
2-16 stolen is $750 or more but less than $1,000; or
2-17 (7) a felony of the first degree if the value of the
2-18 service stolen is $200,000 or more[.] or, for retail water utility
2-19 service, the value of the service stolen is $1,000 or more.
2-20 SECTION 4. Section 31.01, Penal Code, is amended to add new
2-21 subsection (10) to read as follows:
2-22 (10) "Retail water utility service" has the definition
2-23 set forth at Section 13.002, Water Code.
2-24 SECTION 5. This Act takes effect September 1, 2001.
2-25 SECTION 6. The importance of this legislation and the crowded
2-26 condition of the calendars in both houses create an emergency and
3-1 an imperative public necessity that the constitutional rule
3-2 requiring bills to be read on three several days in each house be
3-3 suspended, and this rule is hereby suspended, and that this Act
3-4 take effect and be in force according to its terms and it is so
3-5 enacted.