| |
| |
|
|
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 Subsections (a) and (b) and adding Subsection (b-1) to |
|
|
read as follows: |
|
|
(a) A person commits theft of service if, with intent to |
|
|
avoid payment for service that the actor knows is provided only for |
|
|
compensation: |
|
|
(1) the actor intentionally or knowingly secures |
|
|
performance of the service by deception, threat, or false token; |
|
|
(2) having control over the disposition of services of |
|
|
another to which the actor is not entitled, the actor intentionally |
|
|
or knowingly diverts the other's services to the actor's own benefit |
|
|
or to the benefit of another not entitled to the services; |
|
|
(3) having control of personal property under a |
|
|
written rental agreement containing the notice and the actor's |
|
|
acknowledgement of that notice as required by Subsection (b-1), the |
|
|
actor holds the property beyond the expiration of the rental period |
|
|
without the effective consent of the owner of the property, thereby |
|
|
depriving the owner of the property of its use in further rentals; |
|
|
or |
|
|
(4) the actor intentionally or knowingly secures the |
|
|
performance of the service by agreeing to provide compensation and, |
|
|
after the service is rendered, fails to make full payment after |
|
|
receiving notice demanding payment. |
|
|
(b) For purposes of this section, the following are prima |
|
|
facie evidence of the actor's 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 make payment under a service |
|
|
agreement within 10 days after receiving notice demanding payment; |
|
|
(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 $2,500; or |
|
|
(B) within three days after receiving notice |
|
|
demanding return, if the property is valued at $2,500 or more. |
|
|
(b-1) For purposes of Subsection (a)(3): |
|
|
(1) the written rental agreement or an addendum to the |
|
|
agreement must contain a notice in substantially the following |
|
|
form: |
|
|
"NOTICE |
|
|
Failure to return rental property on or before the date the rental |
|
|
period expires and failure to pay all amounts due, including costs |
|
|
for damage to the rental property, is prima facie evidence of an |
|
|
intent to avoid payment under Section 31.04 of the Texas Penal Code |
|
|
(Theft of Service)."; and |
|
|
(2) the notice described by Subdivision (1) must |
|
|
contain the signature or mark of the actor acknowledging the |
|
|
notice. |
|
|
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. |