SRC-TJG H.B. 275 78(R)    BILL ANALYSIS


Senate Research CenterH.B. 275
78R1895 KCR-FBy: Keel (Armbrister)
Criminal Justice
5-10-2003
Engrossed

DIGEST AND PURPOSE 

Current law allows a prosecutor to file charges on a person who fails to
pay rental charges 10 days after receiving notice via return-receipt
requested mail.  H.B. 275 allows prosecution in cases where a person,
after receiving the required return-receipt requested notice, fails to
return rental property within five days after receiving the notice if the
property is worth less than $1500 or within three days if the value is
$1500 or greater.  

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 Sections 31.04(b) and (c), Penal Code, as follows:

(b)  Provides that for the purposes of this section, an intent to avoid
payment is presumed if the actor, after receiving notice demanding return,
fails to return, within five days, rented property that is less than
$1,500 in value; or fails to return, within three days, rented property
that is valued at $1,500 or more.  Deletes existing text providing that
intent to avoid payment is presumed if the actor failed to return property
held under a rental agreement within 10 days of receiving notice demanding
return.  Makes nonsubstantive changes.  

(c)  Requires the notice to be written and sent by registered or certified
mail with  return receipt requested or by telegram with report of delivery
requested, and addressed to the actor at his address shown on the rental
agreement or service agreement,  for the purposes of Subsections (a)(4),
(b)(2), and (b)(4).  Makes nonsubstantive changes.  

SECTION 2.  Effective date: September 1, 2003.

SECTION 3. Makes application of this Act prospective.