Texas 2019 - 86th Regular

Texas House Bill HB2524 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 2524
	1	+	By: Anderson, Collier (Senate Sponsor - Miles) H.B. No. 2524
	2	+	(In the Senate - Received from the House May 7, 2019;
	3	+	May 10, 2019, read first time and referred to Committee on Criminal
	4	+	Justice; May 19, 2019, reported adversely, with favorable
	5	+	Committee Substitute by the following vote: Yeas 6, Nays 0;
	6	+	May 19, 2019, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR H.B. No. 2524 By: Whitmire
2	9
3	10
	11	+	A BILL TO BE ENTITLED
4	12		AN ACT
5	13		relating to the prosecution of the criminal offense of theft of
6	14		service.
7	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	16		SECTION 1. Section 31.04, Penal Code, is amended by
9	17		amending Subsections (b), (c), (d), and (d-1) and adding
10	18		Subsections (d-2), (d-3), (d-4), and (d-5) to read as follows:
11	19		(b) For purposes of this section, intent to avoid payment is
12	20		presumed if any of the following occurs:
13	21		(1) the actor absconded without paying for the service
14	22		or expressly refused to pay for the service in circumstances where
15	23		payment is ordinarily made immediately upon rendering of the
16	24		service, as in hotels, campgrounds, recreational vehicle parks,
17	25		restaurants, and comparable establishments;
18	26		(2) the actor failed to make payment under a service
19	27		agreement within 10 days after receiving notice demanding payment;
20	28		(3) the actor returns property held under a rental
21	29		agreement after the expiration of the rental agreement and fails to
22	30		pay the applicable rental charge for the property within 10 days
23	31		after the date on which the actor received notice demanding
24	32		payment; [or]
25	33		(4) the actor failed to return the property held under
26	34		a rental agreement:
27	35		(A) within five days after receiving notice
28	36		demanding return, if the property is valued at less than $2,500;
29	37		[or]
30	38		(B) within three days after receiving notice
31	39		demanding return, if the property is valued at $2,500 or more but
32	40		less than $10,000; or
33	41		(C) within two days after receiving notice
34	42		demanding return, if the property is valued at $10,000 or more; or
35	43		(5) the actor:
36	44		(A) failed to return the property held under an
37	45		agreement described by Subsections (d-2)(1)-(3) within five
38	46		business days after receiving notice demanding return; and
39	47		(B) has made fewer than three complete payments
40	48		under the agreement.
41	49		(c) For purposes of Subsections (a)(4), (b)(2), [and]
42	50		(b)(4), and (b)(5), notice must [shall] be:
43	51		(1) [notice] in writing;
44	52		(2) [,] sent by:
45	53		(A) registered or certified mail with return
46	54		receipt requested; or
47	55		(B) commercial delivery service; [or by telegram
48	56		with report of delivery requested,] and
49	57		(3) sent [addressed] to the actor using the actor's
50	58		mailing [at his] address shown on the rental agreement or service
51	59		agreement.
52	60		(d) Except as otherwise provided by this subsection, if [If]
53	61		written notice is given in accordance with Subsection (c), it is
54	62		presumed that the notice was received not [no] later than two [five]
55	63		days after the notice [it] was sent. For purposes of Subsections
56		-	(b)(4)(A) and (B) ~~and (b)(5)~~, if written notice is given in
57		-	~~accordance with~~ Subsection (c), it is presumed that the notice was
58		-	~~received not~~ later than five days after the notice was sent.
	64	+	(b)(4)(A) and (B), if written notice is given in accordance with
	65	+	Subsection (c), it is presumed that the notice was received not
	66	+	later than five days after the notice was sent.
59	67		(d-1) For purposes of Subsection (a)(2), the diversion of
60	68		services to the benefit of a person who is not entitled to those
61	69		services includes the disposition of personal property by an actor
62	70		having control of the property under an agreement described by
63	71		Subsections (d-2)(1)-(3), if the actor disposes of the property in
64	72		violation of the terms of the agreement and to the benefit of any
65	73		person who is not entitled to the property.
66	74		(d-2) For purposes of Subsection (a)(3), the term "written
67	75		rental agreement" does not include an agreement that:
68	76		(1) permits an individual to use personal property for
69	77		personal, family, or household purposes for an initial rental
70	78		period;
71	79		(2) is automatically renewable with each payment after
72	80		the initial rental period; and
73	81		(3) permits the individual to become the owner of the
74	82		property.
75	83		(d-3) For purposes of Subsection (a)(4):
76	84		(1) if the compensation is or was to be paid on a
77	85		periodic basis, the intent to avoid payment for a service may be
78		-	formed at any time during or before a pay period; [and]
	86	+	formed at any time during or before a pay period; and
79	87		(2) the partial payment of wages alone is not
80	88		sufficient evidence to negate the actor's intent to avoid payment
81		-	for a service; and
82		-	(3) the term "service" does not include leasing
83		-	personal property under an agreement described by Subsections
84		-	(d-2)(1)-(3).
	89	+	for a service.
85	90		(d-4) A presumption established under Subsection (b)
86	91		involving a defendant's failure to return property held under an
87	92		agreement described by Subsections (d-2)(1)-(3) may be refuted if
88	93		the defendant shows that the defendant:
89	94		(1) intended to return the property; and
90	95		(2) was unable to return the property.
91	96		(d-5) For purposes of Subsection (b)(5), "business day"
92	97		means a day other than Sunday or a state or federal holiday.
93	98		SECTION 2. The change in law made by this Act applies only
94	99		to an offense committed on or after the effective date of this Act.
95	100		An offense committed before the effective date of this Act is
96	101		governed by the law in effect on the date the offense was committed,
97	102		and the former law is continued in effect for that purpose. For
98	103		purposes of this section, an offense was committed before the
99	104		effective date of this Act if any element of the offense occurred
100	105		before that date.
101	106		SECTION 3. This Act takes effect September 1, 2019.
102		-	______________________________ ______________________________
103		-	President of the Senate Speaker of the House
104		-	I certify that H.B. No. 2524 was passed by the House on May 7,
105		-	2019, by the following vote: Yeas 142, Nays 2, 2 present, not
106		-	voting; and that the House concurred in Senate amendments to H.B.
107		-	No. 2524 on May 24, 2019, by the following vote: Yeas 138, Nays 2,
108		-	2 present, not voting.
109		-	______________________________
110		-	Chief Clerk of the House
111		-	I certify that H.B. No. 2524 was passed by the Senate, with
112		-	amendments, on May 22, 2019, by the following vote: Yeas 31, Nays
113		-	0.
114		-	______________________________
115		-	Secretary of the Senate
116		-	APPROVED: __________________
117		-	Date
118		-	__________________
119		-	Governor
	107	+	* * * * *