|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the prosecution of the criminal offense of theft of |
|
service. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 31.04, Penal Code, is amended by |
|
amending Subsection (d-1) and adding Subsection (d-2) to read as |
|
follows: |
|
(d-1) 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-2) 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. |
|
SECTION 2. The change in law made by this Act applies only |
|
to an offense committed on or after the effective date of this Act. |
|
An offense committed before the effective date of this Act is |
|
governed by the law in effect on the date the offense was committed, |
|
and the former law is continued in effect for that purpose. For |
|
purposes of this section, an offense was committed before the |
|
effective date of this Act if any element of the offense occurred |
|
before that date. |
|
SECTION 3. This Act takes effect September 1, 2019. |