SRC-TAG S.B. 380 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 380
78R1895 KCR-FBy: Armbrister
Criminal Justice
4/22/2003
As Filed


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.  As proposed, S.B. 380 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 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.