1-1 AN ACT
1-2 relating to the offenses of theft of service and obtaining property
1-3 or credit by false statement.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subsections (a), (b), and (c), Section 31.04,
1-6 Penal Code, are amended to read as follows:
1-7 (a) A person commits theft of service if, with intent to
1-8 avoid payment for service that he knows is provided only for
1-9 compensation:
1-10 (1) he intentionally or knowingly secures performance
1-11 of the service by deception, threat, or false token;
1-12 (2) having control over the disposition of services of
1-13 another to which he is not entitled, he intentionally or knowingly
1-14 diverts the other's services to his own benefit or to the benefit
1-15 of another not entitled to them; [or]
1-16 (3) having control of personal property under a
1-17 written rental agreement, he holds the property beyond the
1-18 expiration of the rental period without the effective consent of
1-19 the owner of the property, thereby depriving the owner of the
1-20 property of its use in further rentals; or
1-21 (4) he intentionally or knowingly secures the
1-22 performance of the service by agreeing to provide compensation and,
1-23 after the service is rendered, fails to make payment after
1-24 receiving notice demanding payment.
1-25 (b) For purposes of this section, intent to avoid payment is
2-1 presumed if:
2-2 (1) the actor absconded without paying for the service
2-3 or expressly refused to pay for the service in circumstances where
2-4 payment is ordinarily made immediately upon rendering of the
2-5 service, as in hotels, campgrounds, recreational vehicle parks,
2-6 restaurants, and comparable establishments;
2-7 (2) the actor failed to return the property held under
2-8 a rental agreement or failed to make payment under a service
2-9 agreement within 10 days after receiving notice demanding return;
2-10 or
2-11 (3) the actor returns property held under a rental
2-12 agreement after the expiration of the rental agreement and fails to
2-13 pay the applicable rental charge for the property within 10 days
2-14 after the date on which the actor received notice demanding
2-15 payment.
2-16 (c) For purposes of Subsections (a)(4) and [Subsection]
2-17 (b)(2), notice shall be notice in writing, sent by registered or
2-18 certified mail with return receipt requested or by telegram with
2-19 report of delivery requested, and addressed to the actor at his
2-20 address shown on the rental agreement or service agreement.
2-21 SECTION 2. Section 31.04, Penal Code, is amended by adding
2-22 Subsection (g) to read as follows:
2-23 (g) It is a defense to prosecution under this section that:
2-24 (1) the defendant secured the performance of the
2-25 service by giving a post-dated check or similar sight order to the
2-26 person performing the service; and
3-1 (2) the person performing the service or any other
3-2 person presented the check or sight order for payment before the
3-3 date on the check or sight order.
3-4 SECTION 3. Subsection (c), Section 32.32, Penal Code, is
3-5 amended to read as follows:
3-6 (c) An offense under this section is:
3-7 (1) a Class C misdemeanor if the value of the property
3-8 or the amount of credit is less than $50;
3-9 (2) a Class B misdemeanor if the value of the property
3-10 or the amount of credit is $50 or more but less than $500;
3-11 (3) a Class A misdemeanor if the value of the property
3-12 or the amount of credit is $500 or more but less than $1,500;
3-13 (4) a state jail felony if the value of the property
3-14 or the amount of credit is $1,500 or more but less than $20,000;
3-15 (5) a felony of the third degree if the value of the
3-16 property or the amount of credit is $20,000 or more but less than
3-17 $100,000;
3-18 (6) a felony of the second degree if the value of the
3-19 property or the amount of credit is $100,000 or more but less than
3-20 $200,000; or
3-21 (7) a felony of the first degree if the value of the
3-22 property or the amount of credit is $200,000 or more.
3-23 SECTION 4. (a) The change in law made by this Act applies
3-24 only to an offense committed on or after the effective date of this
3-25 Act. For purposes of this section, an offense is committed before
3-26 the effective date of this Act if any element of the offense occurs
4-1 before the effective date.
4-2 (b) An offense committed before the effective date of this
4-3 Act is covered by the law in effect when the offense was committed,
4-4 and the former law is continued in effect for that purpose.
4-5 SECTION 5. This Act takes effect September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 437 passed the Senate on
April 11, 2001, by a viva-voce vote; and that the Senate concurred
in House amendments on May 24, 2001, by a viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 437 passed the House, with
amendments, on May 17, 2001, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor