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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. Sections 31.04(b), (c), and (d), Penal Code, are |
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amended to read as follows: |
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(b) For purposes of this section, intent to avoid payment is |
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presumed if: |
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(1) the actor absconded without paying for the service |
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or expressly refused to pay for the service in circumstances where |
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payment is ordinarily made immediately upon rendering of the |
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service, as in hotels, campgrounds, recreational vehicle parks, |
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restaurants, and comparable establishments; |
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(2) the actor failed to make payment under a service |
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agreement within 10 days after receiving notice demanding payment; |
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(3) the actor returns property held under a rental |
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agreement after the expiration of the rental agreement and fails to |
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pay the applicable rental charge for the property within 10 days |
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after the date on which the actor received notice demanding |
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payment; or |
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(4) the actor failed to return the property held under |
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a rental agreement: |
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(A) within five days after receiving notice |
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demanding return, if the property is valued at less than $2,500; |
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[or] |
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(B) within three days after receiving notice |
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demanding return, if the property is valued at $2,500 or more but |
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less than $10,000; or |
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(C) within two days after receiving notice |
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demanding return, if the property is valued at $10,000 or more. |
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(c) For purposes of Subsections (a)(4), (b)(2), and (b)(4), |
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notice must [shall] be: |
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(1) [notice] in writing; |
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(2) [,] sent by: |
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(A) registered or certified mail with return |
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receipt requested; or |
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(B) if indicated by the actor in the rental |
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agreement or service agreement as the actor's preferred method of |
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contact: |
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(i) commercial delivery service; |
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(ii) electronic mail; or |
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(iii) text message; [or by telegram with
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report of delivery requested,] and |
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(3) sent [addressed] to the actor using the actor's |
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mailing [at his] address, electronic mail address, or phone number, |
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as appropriate, shown on the rental agreement or service agreement. |
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(d) If written notice described by Subsection (c)(2)(A) or |
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(c)(2)(B)(i) is given in accordance with Subsection (c)(3) [(c)], |
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it is presumed that the notice was received not [no] later than two |
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[five] days after the notice [it] was sent. If written notice |
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described by Subsection (c)(2)(B)(ii) or (c)(2)(B)(iii) is given in |
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accordance with Subsection (c)(3), it is presumed that the notice |
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was received on the date the notice is shown to have been delivered |
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to the electronic mail address or phone number, as appropriate. |
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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. |