HBA-NMO, GUM H.B. 1798 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 1798
By: King, Phil
Criminal Jurisprudence
7/7/99
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 76th Legislature, the Texas Association of Campground Owners
expressed concern regarding customers who do not pay for use of campground
facilities, but remain on premises. Campground owners complained that in
such instances law enforcement officials may decline to act, stating that
it is a landlord and tenant issue, while justice of the peace courts may
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.