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A BILL TO BE ENTITLED
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AN ACT
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relating to the prosecution of the offense of theft of service. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 31.04, Penal Code, is amended by |
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amending Subsection (a) and adding Subsection (d-1) to read as |
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follows: |
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(a) A person commits theft of service if, with intent to |
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avoid payment for service that the actor [he] knows is provided only |
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for compensation: |
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(1) the actor [he] intentionally or knowingly secures |
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performance of the service by deception, threat, or false token; |
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(2) having control over the disposition of services of |
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another to which the actor [he] is not entitled, the actor [he] |
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intentionally or knowingly diverts the other's services to the |
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actor's [his] own benefit or to the benefit of another not entitled |
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to the services [them]; |
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(3) having control of personal property under a |
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written rental agreement, the actor [he] holds the property beyond |
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the expiration of the rental period without the effective consent |
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of the owner of the property, thereby depriving the owner of the |
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property of its use in further rentals; or |
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(4) the actor [he] intentionally or knowingly secures |
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the performance of the service by agreeing to provide compensation |
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and, after the service is rendered, fails to make full payment after |
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receiving notice demanding payment. |
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(d-1) For purposes of Subsection (a)(4): |
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(1) if the compensation is or was to be paid on a |
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periodic basis, the intent to avoid payment for a service may be |
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formed at any time during or before a pay period; and |
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(2) the partial payment of wages alone is not |
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sufficient evidence to negate the actor's intent to avoid payment |
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for a service. |
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SECTION 2. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 3. This Act takes effect September 1, 2011. |