HBA-TBM S.B. 437 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 437
By: Staples
Criminal Jurisprudence
5/3/2001
Engrossed



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.
Senate Bill 437 provides that a person commits an offense of theft of
service if the person intentionally or knowingly secures the performance of
a service by agreeing to provide compensation and, after the service is
rendered, fails to make the payment after receiving notice of the payment.  

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

Senate Bill 437 amends the Penal Code to provide that a person who
intentionally or knowingly secures the performance of a service by agreeing
to provide compensation and, after the service is rendered, fails to make
the payment after receiving notice of the payment commits theft of service. 

EFFECTIVE DATE

September 1, 2001.