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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 offense of 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 adding |
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Subsection (b-1) and amending Subsections (c) and (d) to read as |
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follows: |
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(b-1) For purposes of Subsection (a)(4), notice must be: |
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(1) 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; |
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(B) commercial delivery service; |
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(C) e-mail; |
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(D) text message; or |
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(E) another form of written communication; and |
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(3) sent to the actor using the actor's mailing |
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address, e-mail address, phone number, or other method of contact, |
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as appropriate, shown on: |
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(A) the rental agreement or service agreement; |
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(B) records of the person whose service was |
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secured; or |
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(C) if the actor secured performance of service |
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by issuing or passing a check or similar sight order for the payment |
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of money, using the actor's address shown on: |
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(i) the check or order; or |
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(ii) the records of the bank or other drawee |
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on which the check or order is drawn. |
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(c) For purposes of Subsections [(a)(4),] (b)(2), (b)(4), |
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and (b)(5), notice must be: |
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(1) 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) commercial delivery service; and |
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(3) sent to the actor using the actor's mailing address |
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shown on: |
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(A) the rental agreement or service agreement; |
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(B) records of the person whose service was |
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secured; or |
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(C) if the actor secured performance of service |
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by issuing or passing a check or similar sight order for the payment |
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of money, using the actor's address shown on: |
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(i) the check or order; or |
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(ii) the records of the bank or other drawee |
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on which the check or order is drawn. |
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(d) Except as otherwise provided by this subsection, if |
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written notice is given in accordance with Subsection (b-1) or (c), |
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it is presumed that the notice was received not later than two days |
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after the notice was sent. For purposes of Subsections (b)(4)(A) |
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and (B) and (b)(5), if written notice is given in accordance with |
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Subsection (c), it is presumed that the notice was received not |
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later than five days after the notice was sent. |
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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, 2025. |