Texas 2021 - 87th Regular

Texas House Bill HB4434 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R2332 JCG-F
2	2	By: González of Dallas H.B. No. 4434
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to an exception to prosecution for the criminal offense of
8	8	theft of service.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 31.04, Penal Code, is amended by
11	11	amending Subsections (b), (d-1), (d-3), and (d-4) and adding
12	12	Subsection (h) to read as follows:
13	13	(b) For purposes of this section, intent to avoid payment is
14	14	presumed if any of the following occurs:
15	15	(1) the actor absconded without paying for the service
16	16	or expressly refused to pay for the service in circumstances where
17	17	payment is ordinarily made immediately upon rendering of the
18	18	service, as in hotels, campgrounds, recreational vehicle parks,
19	19	restaurants, and comparable establishments;
20	20	(2) the actor failed to make payment under a service
21	21	agreement within 10 days after receiving notice demanding payment;
22	22	(3) the actor returns property held under a rental
23	23	agreement after the expiration of the rental agreement and fails to
24	24	pay the applicable rental charge for the property within 10 days
25	25	after the date on which the actor received notice demanding
26	26	payment;
27	27	(4) the actor failed to return the property held under
28	28	a rental agreement, including a rental-purchase agreement:
29	29	(A) within five days after receiving notice
30	30	demanding return, if the property is valued at less than $2,500;
31	31	(B) within three days after receiving notice
32	32	demanding return, if the property is valued at $2,500 or more but
33	33	less than $10,000; or
34	34	(C) within two days after receiving notice
35	35	demanding return, if the property is valued at $10,000 or more; or
36	36	(5) the actor:
37	37	(A) failed to return the property held under a
38	38	rental-purchase agreement [an agreement described by Subsections
39	39	(d-2)(1)-(3)] within five business days after receiving notice
40	40	demanding return; and
41	41	(B) has made fewer than three complete payments
42	42	under the agreement.
43	43	(d-1) For purposes of Subsection (a)(2), the diversion of
44	44	services to the benefit of a person who is not entitled to those
45	45	services includes the disposition of personal property by an actor
46	46	having control of the property under a rental-purchase agreement
47	47	[an agreement described by Subsections (d-2)(1)-(3)], if the actor
48	48	disposes of the property in violation of the terms of the agreement
49	49	and to the benefit of any person who is not entitled to the
50	50	property.
51	51	(d-3) For purposes of Subsection (a)(4):
52	52	(1) if the compensation is or was to be paid on a
53	53	periodic basis, the intent to avoid payment for a service may be
54	54	formed at any time during or before a pay period;
55	55	(2) the partial payment of wages alone is not
56	56	sufficient evidence to negate the actor's intent to avoid payment
57	57	for a service; and
58	58	(3) the term "service" does not include leasing
59	59	personal property under a rental-purchase agreement [an agreement
60	60	described by Subsections (d-2)(1)-(3)].
61	61	(d-4) A presumption established under Subsection (b)
62	62	involving a defendant's failure to return property held under a
63	63	rental-purchase agreement [an agreement described by Subsections
64	64	(d-2)(1)-(3)] may be refuted if the defendant shows that the
65	65	defendant:
66	66	(1) intended to return the property; and
67	67	(2) was unable to return the property.
68	68	(h) It is an exception to the application of Subsection
69	69	(a)(3) that the written rental agreement described by that
70	70	subsection is a rental-purchase agreement.
71	71	SECTION 2. Subsection (d-2), Section 31.04, Penal Code, is
72	72	redesignated as Subsection (i), Section 31.04, Penal Code, and
73	73	amended to read as follows:
74	74	(i) In this section, "rental-purchase agreement" means
75	75	[(d-2) For purposes of Subsection (a)(3), the term "written rental
76	76	agreement" does not include] an agreement that:
77	77	(1) permits an individual to use personal property for
78	78	personal, family, or household purposes for an initial rental
79	79	period;
80	80	(2) is automatically renewable with each payment after
81	81	the initial rental period; and
82	82	(3) permits the individual to become the owner of the
83	83	property.
84	84	SECTION 3. The changes in law made by this Act apply only to
85	85	an offense committed on or after the effective date of this Act. An
86	86	offense committed before the effective date of this Act is governed
87	87	by the law in effect on the date the offense was committed, and the
88	88	former law is continued in effect for that purpose. For purposes of
89	89	this section, an offense was committed before the effective date of
90	90	this Act if any element of the offense occurred before that date.
91	91	SECTION 4. This Act takes effect September 1, 2021.