By: Rodriguez S.B. No. 1024
(Rodriguez)
A BILL TO BE ENTITLED
AN ACT
relating to the prosecution of the 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 Subsection (a) and adding Subsection (d-1) to read as
follows:
(a) A person commits theft of service if, with intent to
avoid payment for service that the actor [he] knows is provided only
for compensation:
(1) the actor [he] 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 [he] is not entitled, the actor [he]
intentionally or knowingly diverts the other's services to the
actor's [his] own benefit or to the benefit of another not entitled
to the services [them];
(3) having control of personal property under a
written rental agreement, the actor [he] 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 [he] 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.
(d-1) 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 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, 2011.