HB3463 - Relating to the prosecution of the offense of theft of service.

      H.B. No. 3463         AN ACT   relating to the prosecution of the offense of theft of service.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 31.04, Penal Code, is amended by adding   Subsection (b-1) and amending Subsections (c) and (d) to read as   follows:           (b-1)  For purposes of Subsection (a)(4), notice must be:                 (1)  in writing;                 (2)  sent by:                       (A)     registered or certified mail with return   receipt requested;                       (B)  commercial delivery service;                       (C)  e-mail; or                       (D)  text message; and                 (3)     sent to the actor using the actor's mailing   address, e-mail address, phone number, or other method of contact,   as appropriate, shown on:                       (A)  the rental agreement or service agreement;                       (B)     records of the person whose service was   secured; or                       (C)     if the actor secured performance of service   by issuing or passing a check or similar sight order for the payment   of money, using the actor's address shown on:                             (i)  the check or order; or                             (ii)     the records of the bank or other drawee   on which the check or order is drawn.          (c)  For purposes of Subsections [ (a)(4), ] (b)(2), (b)(4),   and (b)(5), notice must be:                (1)  in writing;                (2)  sent by:                      (A)  registered or certified mail with return   receipt requested; or                      (B)  commercial delivery service; and                (3)  sent to the actor using the actor's mailing address   shown on:                      (A)  the rental agreement or service agreement;                      (B)  records of the person whose service was   secured; or                      (C)  if the actor secured performance of service   by issuing or passing a check or similar sight order for the payment   of money, using the actor's address shown on:                            (i)  the check or order; or                            (ii)  the records of the bank or other drawee   on which the check or order is drawn.          (d)  Except as otherwise provided by this subsection, if   written notice is given in accordance with Subsection (b-1) or (c),   it is presumed that the notice was received not later than two days   after the notice was sent.  For purposes of Subsections (b)(4)(A)   and (B) and (b)(5), if written notice is given in accordance with   Subsection (c), it is presumed that the notice was received not   later than five days after the notice was sent.          SECTION 2.  The change in law made by this Act applies only   to an offense committed on or after the effective date of this Act.     An offense committed before the effective date of this Act is   governed by the law in effect on the date the offense was committed,   and the former law is continued in effect for that purpose.  For   purposes of this section, an offense was committed before the   effective date of this Act if any element of the offense occurred   before that date.          SECTION 3.  This Act takes effect September 1, 2025.       ______________________________ ______________________________      President of the Senate Speaker of the House                   I certify that H.B. No. 3463 was passed by the House on May   16, 2025, by the following vote:  Yeas 113, Nays 3, 2 present, not   voting; and that the House concurred in Senate amendments to H.B.   No. 3463 on May 28, 2025, by the following vote:  Yeas 102, Nays 34,   1 present, not voting.     ______________________________   Chief Clerk of the House               I certify that H.B. No. 3463 was passed by the Senate, with   amendments, on May 25, 2025, by the following vote:  Yeas 31, Nays   0.     ______________________________   Secretary of the Senate      APPROVED: __________________                   Date                       __________________                 Governor