House Bill 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 related to theft of service offenses. This notice must be in writing and can be sent through various methods, including registered or certified mail, commercial delivery service, email, text message, or other written communication. The notice must be directed to the actor using their contact information as indicated on relevant agreements or records.
Additionally, the bill 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 of sending, with a longer presumption of five days for certain types of notices. The changes in law will apply only to offenses committed on or after the effective date of the Act, which is set for September 1, 2025. Offenses occurring before this date will be governed by the previous law.
Statutes affected: Introduced: Penal Code 31.04 (Penal Code 31)