Bill Text: TX HB2522 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the prosecution of the criminal offense of theft of service.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-03-11 - Referred to Criminal Jurisprudence [HB2522 Detail]
Download: Texas-2019-HB2522-Introduced.html
86R6328 JCG-F | ||
By: Anderson | H.B. No. 2522 |
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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 [ |
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(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. |