| 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 criminal offense of theft of |
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| 8 | 8 | | service. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 31.04, Penal Code, is amended by |
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| 11 | 11 | | amending Subsection (d-1) and adding Subsection (d-2) to read as |
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| 12 | 12 | | follows: |
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| 13 | 13 | | (d-1) For purposes of Subsection (a)(3), the term "written |
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| 14 | 14 | | rental agreement" does not include an agreement that: |
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| 15 | 15 | | (1) permits an individual to use personal property for |
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| 16 | 16 | | personal, family, or household purposes for an initial rental |
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| 17 | 17 | | period; |
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| 18 | 18 | | (2) is automatically renewable with each payment after |
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| 19 | 19 | | the initial rental period; and |
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| 20 | 20 | | (3) permits the individual to become the owner of the |
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| 21 | 21 | | property. |
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| 22 | 22 | | (d-2) For purposes of Subsection (a)(4): |
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| 23 | 23 | | (1) if the compensation is or was to be paid on a |
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| 24 | 24 | | periodic basis, the intent to avoid payment for a service may be |
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| 25 | 25 | | formed at any time during or before a pay period; and |
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| 26 | 26 | | (2) the partial payment of wages alone is not |
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| 27 | 27 | | sufficient evidence to negate the actor's intent to avoid payment |
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| 28 | 28 | | for a service. |
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| 29 | 29 | | SECTION 2. The change in law made by this Act applies only |
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| 30 | 30 | | to an offense committed on or after the effective date of this Act. |
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| 31 | 31 | | An offense committed before the effective date of this Act is |
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| 32 | 32 | | governed by the law in effect on the date the offense was committed, |
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| 33 | 33 | | and the former law is continued in effect for that purpose. For |
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| 34 | 34 | | purposes of this section, an offense was committed before the |
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| 35 | 35 | | effective date of this Act if any element of the offense occurred |
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| 36 | 36 | | before that date. |
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| 37 | 37 | | SECTION 3. This Act takes effect September 1, 2019. |
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