HBA-LJP H.B. 878 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 878 By: Allen Criminal Jurisprudence 4/2/2001 Introduced BACKGROUND AND PURPOSE Under current law, a person commits criminal trespass if the person remains on property or a building of another person without effective consent and the person receives notice to depart, but fails to depart. Texas lodging properties have had problems with patrons who, after checking into a room for a designated number of days, have refused to vacate the room at the agreed checkout time. Local police departments have indicated that they are without statutory authority to assist lodging properties in vacating persons who refuse to depart the property after the agreed checkout time. House Bill 878 provides that a person commits an offense of criminal trespass if the person remains in a hotel room after the agreed checkout time under certain circumstances. 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. ANALYSIS House Bill 878 amends the Penal Code to provide that a person commits an offense of criminal trespass if the person: _remains in a hotel room after the checkout time stated in the agreement; _refuses the request of certain persons affiliated with the hotel to enter the room; _is provided proper notice but fails to depart by the checkout time; and _has not paid in full for the right to remain in the room. The offense is a Class B misdemeanor, unless the person who commits the offense carries a deadly weapon during the commission of the offense, in which case the offense is a Class A misdemeanor. The bill also provides that a person commits theft of service if the person having control of a hotel room under an agreement fails to provide full compensation for the period during which the person occupied or agreed to occupy the room. The bill provides that it is not a defense to prosecution if the defendant purports to have an oral agreement to extend the checkout time. The bill specifies the content and placement requirements of the notice of potential criminal trespass. EFFECTIVE DATE September 1, 2001.