Bill Text: TX HB2524 | 2019-2020 | 86th Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the prosecution of the criminal offense of theft of service.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Passed) 2019-06-14 - Effective on 9/1/19 [HB2524 Detail]
Download: Texas-2019-HB2524-Engrossed.html
Bill Title: Relating to the prosecution of the criminal offense of theft of service.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Passed) 2019-06-14 - Effective on 9/1/19 [HB2524 Detail]
Download: Texas-2019-HB2524-Engrossed.html
By: Anderson, Collier | H.B. No. 2524 |
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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. Sections 31.04(b), (c), and (d), Penal Code, are | ||
amended to read as follows: | ||
(b) For purposes of this section, 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; | ||
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(B) within three days after receiving notice | ||
demanding return, if the property is valued at $2,500 or more but | ||
less than $10,000; or | ||
(C) within two days after receiving notice | ||
demanding return, if the property is valued at $10,000 or more. | ||
(c) For purposes of Subsections (a)(4), (b)(2), and (b)(4), | ||
notice must [ |
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(1) [ |
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(2) [ |
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(A) registered or certified mail with return | ||
receipt requested; or | ||
(B) commercial delivery service with proof of | ||
receipt by the actor; [ |
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(3) sent [ |
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mailing [ |
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agreement. | ||
(d) If written notice is given in accordance with Subsection | ||
(c), it is presumed that the notice was received not [ |
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two [ |
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SECTION 2. Section 31.04, Penal Code, is amended by | ||
amending Subsection (d-1) and adding Subsections (d-2) and (d-3) to | ||
read as follows: | ||
(d-1) For purposes of Subsection (a)(2), the diversion of | ||
services to the benefit of a person who is not entitled to those | ||
services includes the disposition of personal property by an actor | ||
having control of the property under an agreement described by | ||
Subsections (d-2)(1)-(3), if the actor disposes of the property in | ||
violation of the terms of the agreement and to the benefit of any | ||
person who is not entitled to the property. | ||
(d-2) For purposes of Subsection (a)(3), the term "written | ||
rental agreement" does not include an agreement that: | ||
(1) permits an individual to use personal property for | ||
personal, family, or household purposes for an initial rental | ||
period; | ||
(2) is automatically renewable with each payment after | ||
the initial rental period; and | ||
(3) permits the individual to become the owner of the | ||
property. | ||
(d-3) For purposes of Subsection (a)(4): | ||
(1) if the compensation is or was to be paid on a | ||
periodic basis, the intent to avoid payment for a service may be | ||
formed at any time during or before a pay period; and | ||
(2) the partial payment of wages alone is not | ||
sufficient evidence to negate the actor's intent to avoid payment | ||
for a service. | ||
SECTION 3. 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 4. This Act takes effect September 1, 2019. |