Texas 2019 86th Regular

Texas House Bill HB2524 Engrossed / Bill

Filed 05/07/2019

                    By: Anderson, Collier 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)  commercial delivery service with proof of
 receipt by the actor; [or by telegram with report of delivery
 requested,] and
 (3)  sent [addressed] to the actor using the actor's
 mailing [at his] address shown on the rental agreement or service
 agreement.
 (d)  If written notice is given in accordance with Subsection
 (c), it is presumed that the notice was received not [no] later than
 two [five] days after the notice [it] was sent.
 SECTION 2.  Section 31.04, Penal Code, is amended by
 amending Subsection (d-1) and adding Subsections (d-2) and (d-3) to
 read as follows:
 (d-1)  For purposes of Subsection (a)(2), the diversion of
 services to the benefit of a person who is not entitled to those
 services includes the disposition of personal property by an actor
 having control of the property under an agreement described by
 Subsections (d-2)(1)-(3), if the actor disposes of the property in
 violation of the terms of the agreement and to the benefit of any
 person who is not entitled to the property.
 (d-2)  For purposes of Subsection (a)(3), the term "written
 rental agreement" does not include an agreement that:
 (1)  permits an individual to use personal property for
 personal, family, or household purposes for an initial rental
 period;
 (2)  is automatically renewable with each payment after
 the initial rental period; and
 (3)  permits the individual to become the owner of the
 property.
 (d-3)  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 3.  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 4.  This Act takes effect September 1, 2019.