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A BILL TO BE ENTITLED
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AN ACT
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relating to an exception to prosecution for the criminal offense of |
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theft of 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 Subsections (b), (d-1), (d-3), and (d-4) and adding |
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Subsection (h) 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 any of the following occurs: |
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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; |
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(4) the actor failed to return the property held under |
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a rental agreement, including a rental-purchase 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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(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; or |
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(5) the actor: |
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(A) failed to return the property held under a |
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rental-purchase agreement [an agreement described by Subsections |
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(d-2)(1)-(3)] within five business days after receiving notice |
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demanding return; and |
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(B) has made fewer than three complete payments |
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under the agreement. |
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(d-1) For purposes of Subsection (a)(2), the diversion of |
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services to the benefit of a person who is not entitled to those |
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services includes the disposition of personal property by an actor |
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having control of the property under a rental-purchase agreement |
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[an agreement described by Subsections (d-2)(1)-(3)], if the actor |
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disposes of the property in violation of the terms of the agreement |
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and to the benefit of any person who is not entitled to the |
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property. |
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(d-3) 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; |
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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; and |
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(3) the term "service" does not include leasing |
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personal property under a rental-purchase agreement [an agreement |
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described by Subsections (d-2)(1)-(3)]. |
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(d-4) A presumption established under Subsection (b) |
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involving a defendant's failure to return property held under a |
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rental-purchase agreement [an agreement described by Subsections |
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(d-2)(1)-(3)] may be refuted if the defendant shows that the |
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defendant: |
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(1) intended to return the property; and |
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(2) was unable to return the property. |
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(h) It is an exception to the application of Subsection |
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(a)(3) that the written rental agreement described by that |
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subsection is a rental-purchase agreement. |
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SECTION 2. Subsection (d-2), Section 31.04, Penal Code, is |
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redesignated as Subsection (i), Section 31.04, Penal Code, and |
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amended to read as follows: |
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(i) In this section, "rental-purchase agreement" means |
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[(d-2) For purposes of Subsection (a)(3), the term "written rental |
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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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SECTION 3. The changes in law made by this Act apply only to |
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an offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is governed |
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by the law in effect on the date the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense occurred before that date. |
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SECTION 4. This Act takes effect September 1, 2021. |