86R2744 JCG-F
By: Anderson H.B. No. 2524
A BILL TO BE ENTITLED
AN ACT
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;
[or]
(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 [shall] be:
(1) [notice] in writing;
(2) [,] sent by:
(A) registered or certified mail with return
receipt requested; or
(B) if indicated by the actor in the rental
agreement or service agreement as the actor's preferred method of
contact:
(i) commercial delivery service;
(ii) electronic mail; or
(iii) text message; [or by telegram with
report of delivery requested,] and
(3) sent [addressed] to the actor using the actor's
mailing [at his] address, electronic mail address, or phone number,
as appropriate, shown on the rental agreement or service agreement.
(d) If written notice described by Subsection (c)(2)(A) or
(c)(2)(B)(i) is given in accordance with Subsection (c)(3) [(c)],
it is presumed that the notice was received not [no] later than two
[five] days after the notice [it] was sent. If written notice
described by Subsection (c)(2)(B)(ii) or (c)(2)(B)(iii) is given in
accordance with Subsection (c)(3), it is presumed that the notice
was received on the date the notice is shown to have been delivered
to the electronic mail address or phone number, as appropriate.
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, 2019.