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Amend CSHB 2524 (house committing printing) by adding the following appropriately numbered SECTION to the bill and renumbering the SECTIONS of the bill accordingly:
SECTION ____. Section 31.04, Penal Code, is amended by amending Subsection (d-1) and adding Subsections (d-2) and (d-3) to read as follows:
(d-1) For purposes of Subsection (a)(2), the diversion of services to the benefit of a person who is not entitled to those services includes the disposition of personal property by an actor having control of the property under an agreement described by Subsection (d-2)(1)-(3), if the actor disposes of the property in violation of the terms of the agreement and to the benefit of any person who is not entitled to the property.
(d-2) For purposes of Subsection (a)(3), the term "written rental agreement" does not include an agreement that:
(1) permits an individual to use personal property for personal, family, or household purposes for an initial rental period;
(2) is automatically renewable with each payment after the initial rental period; and
(3) permits the individual to become the owner of the property.
(d-3) For purposes of Subsection (a)(4):
(1) if the compensation is or was to be paid on a periodic basis, the intent to avoid payment for a service may be formed at any time during or before a pay period; and
(2) the partial payment of wages alone is not sufficient evidence to negate the actor's intent to avoid payment for a service.