HBA-GUM H.B. 1798 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1798 By: King, Phil Criminal Jurisprudence 4/26/1999 Introduced BACKGROUND AND PURPOSE The Texas Association of Campground Owners has expressed a concern regarding customers who do not pay for use of the campground facilities, but remain on the premises. Campground owners have complained that in such instances law enforcement officials may decline to act, stating that it is a landlord tenant issue, while justice of the peace courts refuse to hear an eviction case, stating that the issue is a criminal matter. H.B. 1798 adds avoidance of payment for services rendered in campgrounds and recreational vehicle parks to the theft of services statute. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 31.04(b), Penal Code, to add language to provide that expressly refusing to pay for service in circumstances described by this section constitutes an intent to avoid payment. Includes campgrounds and recreational vehicle parks among the establishments where payment is ordinarily made immediately upon rendering of the service, and where failure to do so leads to a presumption of intent to avoid payment. SECTION 2. Makes application of this Act prospective. SECTION 3. Effective date: September 1, 1999. SECTION 4. Emergency clause.