89R13755 CJD-D
By: Walle H.B. No. 3463
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, Penal Code, is amended by adding
Subsection (b-1) and amending Subsections (c) and (d) to read as
follows:
(b-1) For purposes of Subsection (a)(4), notice must be:
(1) in writing;
(2) sent by:
(A) registered or certified mail with return
receipt requested;
(B) commercial delivery service;
(C) e-mail;
(D) text message; or
(E) another form of written communication; and
(3) sent to the actor using the actor's mailing
address, e-mail address, phone number, or other method of contact,
as appropriate, 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.
(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.
(d) Except as otherwise provided by this subsection, if
written notice is given in accordance with Subsection (b-1) or (c),
it is presumed that the notice was received not later than two days
after the notice was sent. For purposes of Subsections (b)(4)(A)
and (B) and (b)(5), if written notice is given in accordance with
Subsection (c), it is presumed that the notice was received not
later than five days after the notice was sent.
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, 2025.