Texas Penal Code

§ 31.04 — THEFT OF SERVICE

PE § 31.04Title 7. OFFENSES AGAINST PROPERTY · Ch. 31. THEFT

Statute text

(a)A person commits theft of service if, with intent to avoid payment for service that the actor knows is provided only for compensation:

(1)the actor intentionally or knowingly secures performance of the service by deception, threat, or false token;

(2)having control over the disposition of services of another to which the actor is not entitled, the actor intentionally or knowingly diverts the other's services to the actor's own benefit or to the benefit of another not entitled to the services;

(3)having control of personal property under a written rental agreement, the actor holds the property beyond the expiration of the rental period without the effective consent of the owner of the property, thereby depriving the owner of the property of its use in further rentals; or

(4)the actor intentionally or knowingly secures the performance of the service by agreeing to provide compensation and, after the service is rendered, fails to make full payment after receiving notice demanding payment.

(b)For purposes of this section, intent to avoid payment is presumed if any of the following occurs:

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Legislative history

Acts 2011, 82nd Leg., R.S., Ch. 141 (S.B. 1024), Sec. 1, eff. September 1, 2011. Acts 2015, 84th Leg., R.S., Ch. 1251 (H.B. 1396), Sec. 11, eff. September 1, 2015. Acts 2019, 86th Leg., R.S., Ch. 1124 (H.B. 2524), Sec. 1, eff. September 1, 2019. Acts 2023, 88th Leg., R.S., Ch. 517 (H.B. 2897), Sec. 1, eff. September 1, 2023. Acts 2025, 89th Leg., R.S., Ch. 624 (H.B. 3463), Sec. 1, eff. September 1, 2025.