Texas Senate Bill SB183

Texas 2019 - 86th Regular

Caption

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

Impact

The newly added section provides individuals with a legal defense against prosecution for theft of service if it can be demonstrated that the terms of the rental agreement fall under the definition of a rental-purchase agreement. This change aims to protect consumers who may be inadvertently caught in legal issues pertaining to the misunderstanding of rental terms, especially in cases of non-payment.

Summary

Senate Bill 183 relates specifically to the defense of prosecution for the criminal offense of theft of service under the Texas Penal Code. The bill proposes a key amendment to Section 31.04 of the Penal Code, adding a new subsection that clarifies when a written rental agreement can be considered a rental-purchase agreement. Under this definition, a rental-purchase agreement allows individuals to initially rent property with the provision that, after subsequent payments, they may gain ownership of the said property.

Contention

Notable points of contention surrounding SB183 may arise from how broadly or narrowly the definition of a rental-purchase agreement is interpreted. Stakeholders in the rental property industry could debate the implications this bill would have on contract enforcement and the overall rental market dynamics in Texas. Critics may argue that the bill could potentially foster abuses by allowing tenants to exploit the defenses provided under the ambiguous definition of rental-purchase agreements, posing risks to property owners and lessors.