By: Walle (Senate Sponsor - Whitmire) H.B. No. 2897
(In the Senate - Received from the House May 3, 2023;
May 5, 2023, read first time and referred to Committee on Criminal
Justice; May 17, 2023, reported favorably by the following vote:
Yeas 7, Nays 0; May 17, 2023, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the prosecution of the offense of theft of service.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 31.04(c), Penal Code, is amended to read
as follows:
(c) For purposes of Subsections (a)(4), (b)(2), (b)(4), and
(b)(5), notice must be:
(1) in writing;
(2) sent by:
(A) registered or certified mail with return
receipt requested; or
(B) commercial delivery service; and
(3) sent to the actor using the actor's mailing address
shown on:
(A) the rental agreement or service agreement;
(B) records of the person whose service was
secured; or
(C) if the actor secured performance of service
by issuing or passing a check or similar sight order for the payment
of money, using the actor's address shown on:
(i) the check or order; or
(ii) the records of the bank or other drawee
on which the check or order is drawn.
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, 2023.
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