Texas House Bill HB2522

Texas 2019 - 86th Regular

Caption

Relating to the prosecution of the criminal offense of theft of service.

Impact

The bill's amendments to the penal code establish prima facie evidence that can be used in prosecutions involving theft of service. For instance, if a person fails to return rental property within specified time frames after receiving a demand for its return, this situation can be presented as evidence demonstrating an intent to avoid payment for the services or properties they acquired. This adjustment in the legislation aims to facilitate law enforcement and judicial processes when dealing with such cases, potentially leading to increased prosecution rates for theft of service offenses.

Summary

House Bill 2522 aims to amend Section 31.04 of the Texas Penal Code, which pertains to the criminal offense known as 'theft of service.' The bill clarifies the circumstances under which a person can be deemed to have committed theft of service, specifically when they fail to pay for services rendered or do not return rented property as per the agreed rental terms. The bill introduces more stringent requirements for rental agreements and increases the clarity around proof of intent to avoid payment, thereby intending to reduce instances of such theft while establishing clearer legal standards for prosecution.

Contention

There may be concerns regarding the implications of these amendments, particularly around how they could impact individuals who genuinely struggle to return rental items due to unforeseen circumstances. Critics might argue that the provisions within the bill could disproportionately affect vulnerable populations who may not have the means to comply fully with rental agreements or pay for court costs associated with such prosecutions. Additionally, the requirement that rental agreements contain specific notice regarding the consequences of failing to return property may lead to debates over the standardization of rental contracts across the state and how this might affect smaller rental businesses.