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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 criminal offense of theft of |
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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 (d-1) and adding Subsection (d-2) to read as |
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follows: |
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(d-1) For purposes of Subsection (a)(3), the term "written |
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rental agreement" does not include an agreement that: |
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(1) permits an individual to use personal property for |
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personal, family, or household purposes for an initial rental |
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period; |
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(2) is automatically renewable with each payment after |
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the initial rental period; and |
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(3) permits the individual to become the owner of the |
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property. |
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(d-2) 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, 2019. |