H.B. No. 2524
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. Section 31.04, Penal Code, is amended by
amending Subsections (b), (c), (d), and (d-1) and adding
Subsections (d-2), (d-3), (d-4), and (d-5) to read as follows:
(b) For purposes of this section, intent to avoid payment is
presumed if any of the following occurs:
(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; or
(5) the actor:
(A) failed to return the property held under an
agreement described by Subsections (d-2)(1)-(3) within five
business days after receiving notice demanding return; and
(B) has made fewer than three complete payments
under the agreement.
(c) For purposes of Subsections (a)(4), (b)(2), [and]
(b)(4), and (b)(5), 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; [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) Except as otherwise provided by this subsection, if [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. For purposes of Subsections
(b)(4)(A) and (B) and (b)(5), if written notice is given in
accordance with Subsection (c), it is presumed that the notice was
received not later than five days after the notice was sent.
(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; and
(3) the term "service" does not include leasing
personal property under an agreement described by Subsections
(d-2)(1)-(3).
(d-4) A presumption established under Subsection (b)
involving a defendant's failure to return property held under an
agreement described by Subsections (d-2)(1)-(3) may be refuted if
the defendant shows that the defendant:
(1) intended to return the property; and
(2) was unable to return the property.
(d-5) For purposes of Subsection (b)(5), "business day"
means a day other than Sunday or a state or federal holiday.
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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2524 was passed by the House on May 7,
2019, by the following vote: Yeas 142, Nays 2, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 2524 on May 24, 2019, by the following vote: Yeas 138, Nays 2,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2524 was passed by the Senate, with
amendments, on May 22, 2019, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor