| 1 | 1 | | By: Rodriguez S.B. No. 1024 |
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| 2 | 2 | | (Rodriguez) |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the prosecution of the offense of theft of service. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 31.04, Penal Code, is amended by |
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| 10 | 10 | | amending Subsection (a) and adding Subsection (d-1) to read as |
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| 11 | 11 | | follows: |
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| 12 | 12 | | (a) A person commits theft of service if, with intent to |
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| 13 | 13 | | avoid payment for service that the actor [he] knows is provided only |
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| 14 | 14 | | for compensation: |
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| 15 | 15 | | (1) the actor [he] intentionally or knowingly secures |
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| 16 | 16 | | performance of the service by deception, threat, or false token; |
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| 17 | 17 | | (2) having control over the disposition of services of |
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| 18 | 18 | | another to which the actor [he] is not entitled, the actor [he] |
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| 19 | 19 | | intentionally or knowingly diverts the other's services to the |
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| 20 | 20 | | actor's [his] own benefit or to the benefit of another not entitled |
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| 21 | 21 | | to the services [them]; |
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| 22 | 22 | | (3) having control of personal property under a |
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| 23 | 23 | | written rental agreement, the actor [he] holds the property beyond |
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| 24 | 24 | | the expiration of the rental period without the effective consent |
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| 25 | 25 | | of the owner of the property, thereby depriving the owner of the |
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| 26 | 26 | | property of its use in further rentals; or |
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| 27 | 27 | | (4) the actor [he] intentionally or knowingly secures |
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| 28 | 28 | | the performance of the service by agreeing to provide compensation |
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| 29 | 29 | | and, after the service is rendered, fails to make full payment after |
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| 30 | 30 | | receiving notice demanding payment. |
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| 31 | 31 | | (d-1) For purposes of Subsection (a)(4): |
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| 32 | 32 | | (1) if the compensation is or was to be paid on a |
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| 33 | 33 | | periodic basis, the intent to avoid payment for a service may be |
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| 34 | 34 | | formed at any time during or before a pay period; and |
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| 35 | 35 | | (2) the partial payment of wages alone is not |
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| 36 | 36 | | sufficient evidence to negate the actor's intent to avoid payment |
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| 37 | 37 | | for a service. |
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| 38 | 38 | | SECTION 2. The change in law made by this Act applies only |
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| 39 | 39 | | to an offense committed on or after the effective date of this Act. |
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| 40 | 40 | | An offense committed before the effective date of this Act is |
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| 41 | 41 | | governed by the law in effect on the date the offense was committed, |
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| 42 | 42 | | and the former law is continued in effect for that purpose. For |
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| 43 | 43 | | purposes of this section, an offense was committed before the |
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| 44 | 44 | | effective date of this Act if any element of the offense occurred |
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| 45 | 45 | | before that date. |
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| 46 | 46 | | SECTION 3. This Act takes effect September 1, 2011. |
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