Bill Text: TX HB2524 | 2019-2020 | 86th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the prosecution of the criminal offense of theft of service.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Passed) 2019-06-14 - Effective on 9/1/19 [HB2524 Detail]
Download: Texas-2019-HB2524-Comm_Sub.html
Bill Title: Relating to the prosecution of the criminal offense of theft of service.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Passed) 2019-06-14 - Effective on 9/1/19 [HB2524 Detail]
Download: Texas-2019-HB2524-Comm_Sub.html
By: Anderson, Collier (Senate Sponsor - Miles) | H.B. No. 2524 | |
(In the Senate - Received from the House May 7, 2019; | ||
May 10, 2019, read first time and referred to Committee on Criminal | ||
Justice; May 19, 2019, reported adversely, with favorable | ||
Committee Substitute by the following vote: Yeas 6, Nays 0; | ||
May 19, 2019, sent to printer.) | ||
COMMITTEE SUBSTITUTE FOR H.B. No. 2524 | By: Whitmire |
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relating to the prosecution of the criminal 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 | ||
amending Subsections (b), (c), (d), and (d-1) and adding | ||
Subsections (d-2), (d-3), (d-4), and (d-5) to read as follows: | ||
(b) For purposes of this section, intent to avoid payment is | ||
presumed if any of the following occurs: | ||
(1) the actor absconded without paying for the service | ||
or expressly refused to pay for the service in circumstances where | ||
payment is ordinarily made immediately upon rendering of the | ||
service, as in hotels, campgrounds, recreational vehicle parks, | ||
restaurants, and comparable establishments; | ||
(2) the actor failed to make payment under a service | ||
agreement within 10 days after receiving notice demanding payment; | ||
(3) the actor returns property held under a rental | ||
agreement after the expiration of the rental agreement and fails to | ||
pay the applicable rental charge for the property within 10 days | ||
after the date on which the actor received notice demanding | ||
payment; [ |
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(4) the actor failed to return the property held under | ||
a rental agreement: | ||
(A) within five days after receiving notice | ||
demanding return, if the property is valued at less than $2,500; | ||
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(B) within three days after receiving notice | ||
demanding return, if the property is valued at $2,500 or more but | ||
less than $10,000; or | ||
(C) within two days after receiving notice | ||
demanding return, if the property is valued at $10,000 or more; or | ||
(5) the actor: | ||
(A) failed to return the property held under an | ||
agreement described by Subsections (d-2)(1)-(3) within five | ||
business days after receiving notice demanding return; and | ||
(B) has made fewer than three complete payments | ||
under the agreement. | ||
(c) For purposes of Subsections (a)(4), (b)(2), [ |
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(b)(4), and (b)(5), notice must [ |
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(1) [ |
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(2) [ |
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(A) registered or certified mail with return | ||
receipt requested; or | ||
(B) commercial delivery service; [ |
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(3) sent [ |
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mailing [ |
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agreement. | ||
(d) Except as otherwise provided by this subsection, if [ |
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written notice is given in accordance with Subsection (c), it is | ||
presumed that the notice was received not [ |
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days after the notice [ |
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(b)(4)(A) and (B), 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. | ||
(d-1) For purposes of Subsection (a)(2), the diversion of | ||
services to the benefit of a person who is not entitled to those | ||
services includes the disposition of personal property by an actor | ||
having control of the property under an agreement described by | ||
Subsections (d-2)(1)-(3), if the actor disposes of the property in | ||
violation of the terms of the agreement and to the benefit of any | ||
person who is not entitled to the property. | ||
(d-2) For purposes of Subsection (a)(3), the term "written | ||
rental agreement" does not include an agreement that: | ||
(1) permits an individual to use personal property for | ||
personal, family, or household purposes for an initial rental | ||
period; | ||
(2) is automatically renewable with each payment after | ||
the initial rental period; and | ||
(3) permits the individual to become the owner of the | ||
property. | ||
(d-3) For purposes of Subsection (a)(4): | ||
(1) if the compensation is or was to be paid on a | ||
periodic basis, the intent to avoid payment for a service may be | ||
formed at any time during or before a pay period; and | ||
(2) the partial payment of wages alone is not | ||
sufficient evidence to negate the actor's intent to avoid payment | ||
for a service. | ||
(d-4) A presumption established under Subsection (b) | ||
involving a defendant's failure to return property held under an | ||
agreement described by Subsections (d-2)(1)-(3) may be refuted if | ||
the defendant shows that the defendant: | ||
(1) intended to return the property; and | ||
(2) was unable to return the property. | ||
(d-5) For purposes of Subsection (b)(5), "business day" | ||
means a day other than Sunday or a state or federal holiday. | ||
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, 2019. | ||
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