bill changing the notice rules for theft of service

The text as introduced · 478 words

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.