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.