H.B. No. 3463 amends Section 31.04 of the Penal Code regarding the prosecution of theft of service. The bill introduces a new Subsection (b-1) that specifies the requirements for notice under Subsection (a)(4). This new language mandates that notice must be in writing and sent through various methods, including registered or certified mail, commercial delivery service, email, or text message. Additionally, it outlines that the notice must be directed to the actor using their contact information as indicated in rental or service agreements, or relevant financial records.
The bill also modifies existing Subsections (c) and (d) to align with the new notice requirements. It clarifies that if written notice is provided according to the new or amended subsections, it is presumed to be received within two days, with a longer presumption of five days for certain types of notices. The changes apply only to offenses committed on or after the effective date of the Act, which is set for September 1, 2025, ensuring that any offenses occurring before this date will be governed by the previous law.
Statutes affected: Introduced: Penal Code 31.04 (Penal Code 31)
House Committee Report: Penal Code 31.04 (Penal Code 31)
Engrossed: Penal Code 31.04 (Penal Code 31)
Senate Committee Report: Penal Code 31.04 (Penal Code 31)
Enrolled: Penal Code 31.04 (Penal Code 31)