H.B. 275 78(R)    BILL ANALYSIS


H.B. 275
By: Keel
Criminal Jurisprudence
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

Failure to return property held under a rental agreement or failure to
make a payment under a service agreement is currently an offense under
Section 31.04, of the Penal Code. The statute currently presumes intent to
avoid payment if the actor fails to return the property or fails to make
payment under an agreement within 10 days after receiving notice demanding
return or payment. Allowing this amount of time for payment or return of
the property following receipt of notice of demand decreases the chance of
recovery of the rental items by the rightful owner.  As a result, the
rental industry is experiencing an increasing loss of valuable tools and
equipment.   

House Bill 275 allows prosecution of this offense in cases where a person
fails to return rental property within 5 days after receiving the required
notice of demand if the value of the property is less than $1,500 or
within 3 days after receiving the required notice of demand if the value
of the property is $1,500 or greater.   

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

House Bill 275 amends the Penal Code to decrease the amount of time
required for returning property held under a rental agreement, after
receiving notice demanding return, from within 10 days to within five days
if the property is valued at less than $1,500 or within three days if
valued at $1,500 or more. Failure to comply is presumed to be an intent to
avoid payment. 

EFFECTIVE DATE

September 1, 2003.