By: Armbrister S.B. No. 380
(In the Senate - Filed February 6, 2003; February 11, 2003,
read first time and referred to Committee on Criminal Justice;
April 25, 2003, reported favorably by the following vote: Yeas 6,
Nays 0; April 25, 2003, sent to printer.)
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. Subsections (b) and (c), Section 31.04, 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.
* * * * *