Texas 2025 - 89th Regular

Texas House Bill HB3463 Compare Versions

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

Old	New	Differences
1	1	89R13755 CJD-D
2	2	By: Walle H.B. No. 3463
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the prosecution of the offense of theft of service.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 31.04, Penal Code, is amended by adding
12	12	Subsection (b-1) and amending Subsections (c) and (d) to read as
13	13	follows:
14	14	(b-1) For purposes of Subsection (a)(4), notice must be:
15	15	(1) in writing;
16	16	(2) sent by:
17	17	(A) registered or certified mail with return
18	18	receipt requested;
19	19	(B) commercial delivery service;
20	20	(C) e-mail;
21	21	(D) text message; or
22	22	(E) another form of written communication; and
23	23	(3) sent to the actor using the actor's mailing
24	24	address, e-mail address, phone number, or other method of contact,
25	25	as appropriate, shown on:
26	26	(A) the rental agreement or service agreement;
27	27	(B) records of the person whose service was
28	28	secured; or
29	29	(C) if the actor secured performance of service
30	30	by issuing or passing a check or similar sight order for the payment
31	31	of money, using the actor's address shown on:
32	32	(i) the check or order; or
33	33	(ii) the records of the bank or other drawee
34	34	on which the check or order is drawn.
35	35	(c) For purposes of Subsections [(a)(4),] (b)(2), (b)(4),
36	36	and (b)(5), notice must be:
37	37	(1) in writing;
38	38	(2) sent by:
39	39	(A) registered or certified mail with return
40	40	receipt requested; or
41	41	(B) commercial delivery service; and
42	42	(3) sent to the actor using the actor's mailing address
43	43	shown on:
44	44	(A) the rental agreement or service agreement;
45	45	(B) records of the person whose service was
46	46	secured; or
47	47	(C) if the actor secured performance of service
48	48	by issuing or passing a check or similar sight order for the payment
49	49	of money, using the actor's address shown on:
50	50	(i) the check or order; or
51	51	(ii) the records of the bank or other drawee
52	52	on which the check or order is drawn.
53	53	(d) Except as otherwise provided by this subsection, if
54	54	written notice is given in accordance with Subsection (b-1) or (c),
55	55	it is presumed that the notice was received not later than two days
56	56	after the notice was sent. For purposes of Subsections (b)(4)(A)
57	57	and (B) and (b)(5), if written notice is given in accordance with
58	58	Subsection (c), it is presumed that the notice was received not
59	59	later than five days after the notice was sent.
60	60	SECTION 2. The change in law made by this Act applies only
61	61	to an offense committed on or after the effective date of this Act.
62	62	An offense committed before the effective date of this Act is
63	63	governed by the law in effect on the date the offense was committed,
64	64	and the former law is continued in effect for that purpose. For
65	65	purposes of this section, an offense was committed before the
66	66	effective date of this Act if any element of the offense occurred
67	67	before that date.
68	68	SECTION 3. This Act takes effect September 1, 2025.