78R1895 KCR-F

By:  Armbrister                                                   S.B. No. 380



A BILL TO BE ENTITLED

AN ACT

relating to the prosecution of theft of service.                              
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Sections 31.04(b) and (c), Penal Code, are 
amended to read as follows:
	(b)  For purposes of this section, intent to avoid payment is 
presumed if:   
		(1)  the actor absconded without paying for the service 
or expressly refused to pay for the service in circumstances where 
payment is ordinarily made immediately upon rendering of the 
service, as in hotels, campgrounds, recreational vehicle parks, 
restaurants, and comparable establishments;
		(2)  the actor failed to [return the property held 
under a rental agreement or failed to] make payment under a service 
agreement within 10 days after receiving notice demanding payment 
[return];  [or]
		(3)  the actor returns property held under a rental 
agreement after the expiration of the rental agreement and fails to 
pay the applicable rental charge for the property within 10 days 
after the date on which the actor received notice demanding 
payment; or
		(4)  the actor failed to return the property held under 
a rental agreement:
			(A)  within five days after receiving notice 
demanding return, if the property is valued at less than $1,500; or
			(B)  within three days after receiving notice 
demanding return, if the property is valued at $1,500 or more.
	(c)  For purposes of Subsections (a)(4), [and](b)(2), and 
(b)(4), notice shall be notice in writing, 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.
	SECTION 2.  This Act takes effect September 1, 2003.                           
	SECTION 3.  (a) The change in law made by this Act applies 
only to an offense committed on or after the effective date of this 
Act.  For purposes of this section, an offense was committed before 
the effective date of this Act if any element of the offense was 
committed before that date.
	(b)  An offense committed before the effective date of this 
Act is covered by the law in effect when the offense was committed, 
and the former law is continued in effect for that purpose.