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.