Texas 2019 - 86th Regular

Texas House Bill HB836

Caption

Relating to a defense to prosecution for the criminal offense of theft of service.

Impact

The bill is expected to have implications for consumer protection laws, particularly for individuals entering into rental agreements that involve an option to purchase. By officially recognizing rental-purchase agreements as a potential defense against theft of service charges, HB836 may help prevent unjust prosecutions of individuals who may not be deliberately committing theft but are instead participating in legitimate rental transactions. This change in the law directly affects the interpretation of theft offenses in relation to rental agreements.

Summary

House Bill 836 aims to amend the Texas Penal Code regarding the defense to prosecution for the criminal offense of theft of service. Specifically, it introduces a provision that allows individuals to claim a defense if they are charged with theft of service, provided that the rental agreement in question is a rental-purchase agreement. This distinction is critical as it clarifies that under certain conditions, individuals can use personal property for personal, family, or household purposes without facing criminal charges, assuming the proper rental-purchase criteria are met.

Contention

While the bill aims to bolster consumer rights, it could lead to contention among property owners and service providers who may argue that the new defense could be exploited by individuals seeking to evade liability. Stakeholders in various sectors, including rental companies or landlords, may express concerns that the bill could diminish their ability to enforce contracts and recover property in cases where rentals turn into disputes. These discussions highlight the delicate balance between protecting consumer rights and ensuring the security of property ownership.

Companion Bills

TX SB183

Same As Relating to a defense to prosecution for the criminal offense of theft of service.

Previously Filed As

TX HB2897

Relating to the prosecution of the offense of theft of service.

TX HB4779

Relating to the prosecution of the criminal offense of organized retail theft.

TX HB76

Relating to reporting the loss or theft of a firearm; creating a criminal offense.

TX HB2872

Relating to a database of employers penalized for failure to pay wages or convicted of certain criminal offenses involving wage theft.

TX HB327

Relating to the affirmative defense to prosecution for a criminal offense for persons acting under duress.

TX SB968

Relating to the affirmative defense to prosecution for a criminal offense for persons acting under duress.

TX SB395

Relating to defenses to prosecution for certain criminal offenses involving material or conduct that may be obscene or is otherwise harmful to children.

TX HB3847

Relating to defenses to prosecution for certain criminal offenses involving material or conduct that may be obscene or is otherwise harmful to children.

TX HB2917

Relating to peace officers and the investigation and prosecution of criminal offenses.

TX HB2602

Relating to defenses to prosecution for certain criminal offenses involving material or conduct that may be obscene or is otherwise harmful to children.

Similar Bills

No similar bills found.