1-1     By:  Staples                                           S.B. No. 437
 1-2           (In the Senate - Filed January 29, 2001; January 30, 2001,
 1-3     read first time and referred to Committee on Criminal Justice;
 1-4     March 6, 2001, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 6, Nays 0, 1 present, not
 1-6     voting; March 6, 2001, sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 437                  By:  Staples
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the offense of theft of service.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1.  Subsection (a), Section 31.04, Penal Code, is
1-13     amended to read as follows:
1-14           (a)  A person commits theft of service if, with intent to
1-15     avoid payment for service that he knows is provided only for
1-16     compensation:
1-17                 (1)  he intentionally or knowingly secures performance
1-18     of the service by deception, threat, or false token;
1-19                 (2)  having control over the disposition of services of
1-20     another to which he is not entitled, he intentionally or knowingly
1-21     diverts the other's services to his own benefit or to the benefit
1-22     of another not entitled to them; [or]
1-23                 (3)  having control of personal property under a
1-24     written rental agreement, he holds the property beyond the
1-25     expiration of the rental period without the effective consent of
1-26     the owner of the property, thereby depriving the owner of the
1-27     property of its use in further rentals; or
1-28                 (4)  he intentionally or knowingly agrees to provide
1-29     compensation and, after the service is rendered, fails to provide
1-30     payment on demand.
1-31           SECTION 2.  This Act takes effect September 1, 2001.
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