A value of $750 to $2,499 is a Class A misdemeanor punishable by a $4,000 fine and up to 180 days in prison. or similar sight order to the person performing the service; and. All rights reserved. (4) a felony of the first degree if the mail is appropriated from 50 or more addressees. notice was received not later than two days after the notice was sent. stolen vehicles by a political subdivision of this state shall include on the report The amount is roughly $5000. 4, eff. (b) Appropriation of property is unlawful if: (1) it is without the owner's effective consent; (2) the property is stolen and the actor appropriates the property knowing it was stolen by another; or. (d-1)For purposes of Subsection (a)(2), the diversion of services to the benefit of a person 10, eff. As a result, before filing a claim for theft of services in court, make sure you have enough evidence. Acts 2009, 81st Leg., R.S., Ch. (2) transfers to a third party information obtained as described by Subdivision (1). 900, Sec. THEFT. (g) It is a defense to prosecution under this section that: (1) the defendant secured the performance of the service by giving a post-dated check or similar sight order to the person performing the service; and. Sept. 1, 1995; Acts 1997, 75th Leg., ch. Local News and Consumer Reporters: Some local news stations, journalists, and radio stations cover stories about contractors who disappear. Call Philip D. Ray today to schedule a consultation at(469) 588-6770. This information is optional. Section 136a, as that law existed on January 1, 1995, and containing an active ingredient listed in the federal regulations adopted under that law (40 C.F.R. September 1, 2009. A large Chicago police presence arrived Wednesday afternoon at the Trump International Hotel and Tower, located in the citys central Loop near the Chicago River. (B) to acquire or otherwise exercise control over property other than real property.

(B)has made fewer than three complete payments under the agreement. 13, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 858, Sec. 903 (H.B. Amended by Acts 1993, 73rd Leg., ch.

Report it here. Each state will have its own specific values to define the type of crime. within 10 days after the date on which the actor received notice demanding payment; (4)the actor failed to return the property held under a rental agreement: (A)within five days after receiving notice demanding return, if the property is valued (i) For purposes of Subsection (c)(9), "livestock" and "commission merchant" have the meanings assigned by Section 147.001, Agriculture Code. Prior to joining LegalMatch, Jaclyn was a paralegal and freelance writer. While its easy to be frustrated when your general contractor or drywall professional doesnt show, consider first that it may be a miscommunication. (a) For purposes of this section: (1) "Article" means any object, material, device, or substance or any copy thereof, including a writing, recording, drawing, sample, specimen, prototype, model, photograph, microorganism, blueprint, or map. 20, eff. (3) acting with respect to a number assigned to a vehicle by the Texas Department of Transportation or the Texas Department of Motor Vehicles, as applicable, and the person was: (A) in the actual discharge of official duties as an employee or agent of the department; or. 671), Sec. Sept. 1, 1985; Acts 1987, 70th Leg., ch. 120 (S.B. 901, Sec. Amended by Acts 1999, 76th Leg., ch. WebCHAPTER 31. Law, Insurance (2) the person performing the service or any other person presented the check or sight order for payment before the date on the check or sight order. (e) An offense described for purposes of punishment by Subsections (c)(1)-(3) is increased to the next higher category of offense if it is shown on the trial of the offense that the person organized, supervised, financed, or managed one or more other persons engaged in an activity described by Subsection (b). (b) A person commits an offense if the person intentionally conducts, promotes, or facilitates an activity in which the person receives, possesses, conceals, stores, barters, sells, or disposes of: (2) merchandise explicitly represented to the person as being stolen retail merchandise. (f) An offense described for purposes of punishment by Subsections (e)(1)-(6) is increased to the next higher category of offense if it is shown on the trial of the offense that: (1) the actor was a public servant at the time of the offense and the property appropriated came into the actor's custody, possession, or control by virtue of his status as a public servant; (2) the actor was in a contractual relationship with government at the time of the offense and the property appropriated came into the actor's custody, possession, or control by virtue of the contractual relationship; (3) the owner of the property appropriated was at the time of the offense: (4) the actor was a Medicare provider in a contractual relationship with the federal government at the time of the offense and the property appropriated came into the actor's custody, possession, or control by virtue of the contractual relationship; or. Sec. 694), Sec. Ask an attorney about how to approach arbitration and what they recommend for your case. 37), Sec. 399, Sec. consent of the owner of the property, thereby depriving the owner of the property (a) A person commits an offense if the person for remuneration intentionally or knowingly manufactures, assembles, modifies, imports into the state, exports out of the state, distributes, advertises, or offers for sale, with an intent to aid in the commission of an offense under Section 31.12, a device, a kit or part for a device, or a plan for a system of components wholly or partly designed to make intelligible an encrypted, encoded, scrambled, or other nonstandard signal carried or caused by a multichannel video or information services provider. 342, Sec. (C) to dispose of property in a manner that makes recovery of the property by the owner unlikely. 191, Sec. Sept. 1, 2003. 1124 (H.B. 165, Sec. 284(80), eff. than $30,000; (5)a felony of the third degree if the value of the service stolen is $30,000 or (2)the person performing the service or any other person presented the check or sight If you fail to make payment in full within 10 days after the date of receipt of this notice, the failure to pay creates a presumption for committing an offense, and this matter may be referred for criminal prosecution.". Call Philip D. Ray today to schedule a consultation at(469) 588-6770, Law Offices of Philip D. Ray When most people hear the term theft, they think of theft of property. Acts 2009, 81st Leg., R.S., Ch. of its use in further rentals; or. 497, Sec. When the parties have a miscommunication, such as if a company believes that a customer is already paying for the service and the customer thinks that they are being charged automatically; By accident like if a person is in a public space and is using a. (c) Property involved in a violation of this section may be treated as stolen for purposes of custody and disposition of the property. (3) "Representing" means describing, depicting, containing, constituting, reflecting, or recording. 203, Sec. 565, Sec. more but less than $300,000; or. 1219 (S.B. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 724, Sec. (C) the property stolen is a driver's license, commercial driver's license, or personal identification certificate issued by this state or another state; (3) a Class A misdemeanor if the value of the property stolen is $750 or more but less than $2,500; (A) the value of the property stolen is $2,500 or more but less than $30,000, or the property is less than 10 head of sheep, swine, or goats or any part thereof under the value of $30,000; (B) regardless of value, the property is stolen from the person of another or from a human corpse or grave, including property that is a military grave marker; (C) the property stolen is a firearm, as defined by Section 46.01; (D) the value of the property stolen is less than $2,500 and the defendant has been previously convicted two or more times of any grade of theft; (E) the property stolen is an official ballot or official carrier envelope for an election; or. 30.237, eff. You may be able to settle the issue through the BBB without going to court. Amended by Acts 1999, 76th Leg., ch. by an actor having control of the property under an agreement described by Subsections 1215), Sec. (d) An offense under this section is a Class A misdemeanor. This type of crime may also occur when a person intentionally fails to pay a company for its services and continues taking advantage of them until the company demands payment or stops providing the service. Theft of Service on Westlaw, Law Firm Tests Whether It Can Sue Associate for 'Quiet Quitting'. Theft, State Jail Felony. In the case of felonies, it is preferable if the individual notifies law enforcement directly and does not postpone settlement of the situation. If you have been charged for theft of services, then it may be in your best interest to hire a local criminal attorney as soon as possible. Sept. 1, 1994; Acts 1997, 75th Leg., ch. Theft of service is a criminal charge determined by each state. AGGREGATION OF AMOUNTS INVOLVED IN THEFT. Sec. Sec. Sept. 1, 1999. intent to avoid payment for a service; and. 1, eff. Acts 2009, 81st Leg., R.S., Ch. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. WHAT HAPPENS IF YOU DO NOT PAY A TICKET: Best US Practices. 1, eff. (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. (b) For purposes of Subsection (a)(2) or (f)(3), notice may be actual notice or notice in writing that: (A) first class mail, evidenced by an affidavit of service; or. Acts 2017, 85th Leg., R.S., Ch. WebTheft in Texas is classified depending on how much is stolen i.e. (a) A person commits an offense if the person intentionally or knowingly sells or leases, with an intent to aid in the commission of an offense under Section 31.12, a device, a kit or part for a device, or a plan for a system of components wholly or partly designed to make intelligible an encrypted, encoded, scrambled, or other nonstandard signal carried or caused by a multichannel video or information services provider. Acts 1973, 63rd Leg., p. 883, ch. (c) Appropriation of a petroleum product is unlawful if it is without the owner's effective consent. Sentenced to 2 years deferred adjudication, $1,000 probated fine and 120 hours community service. In this chapter: (1)AA"Deception" means: (A)AAcreating or confirming by words or conduct a false impression of law or fact that is likely to affect the judgment of another in the transaction, and that the actor does not believe to be true; (B)AAfailing to correct a false impression of law (d-4) A presumption established under Subsection (b) involving a defendant's failure to return property held under an agreement described by Subsections (d-2)(1)-(3) may be refuted if the defendant shows that the defendant: (1) intended to return the property; and. A defendant, for example, may argue that they lacked intent or the level of intent required by state law for it to be considered theft of services. Alternatively, if you need to file charges for theft of services, you may want to consider consulting a lawyer to ensure that you comply with the proper procedures and are not in violation of any laws. described by Subsections (d-2)(1)-(3), (d-5)For purposes of Subsection (b)(5), . What Is Sexual Battery? Your 31.15. For example, if the value of the stolen services exceeds $10,000, theft of service offenses will almost certainly result in felony charges. Added by Acts 1979, 66th Leg., p. 417, ch. 2482), Sec. 1251 (H.B. (b) A person commits an offense if, without the owner's effective consent, he knowingly: (2) makes a copy of an article representing a trade secret; or. 46 (S.B. (3) "Effective consent" includes consent by a person legally authorized to act for the owner. 1, eff. Her role entails writing legal articles for the law library division, located on the LegalMatch website. While in law school, her law journal note was selected for first-round publishing, and can be found on various legal research databases. MARIETTA, Ga. (AP) - Police have charged two former employees of a suburban Atlanta hospital laundry with stealing an urn containing the ashes of a stillborn infant and then throwing away the ashes. (7) a felony of the first degree if the value of the property stolen is $300,000 or more. (e) Partial restitution does not preclude the presumption of the requisite intent under this section. Reviewsgood and badhelp homeowners make smart hiring decisions and dodge financial loss. (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 In general, theft refers to all types of unlawful thieving, including identity theft, theft of intellectual property, theft of services, and theft of personal goods. Theft of service offenses that total more than $500 but less than $10,000, on the other hand, will be classified as a misdemeanor violation. 298, Sec. 1178), Sec. 2, eff. (c) This section does not prohibit the sale or lease of satellite receiving antennas that are otherwise permitted by state or federal law without providing notice to the comptroller. Each state will have its own set of variables that will be used to describe the sort of crime. THEFT OF OR TAMPERING WITH MULTICHANNEL VIDEO OR INFORMATION SERVICES. 1, eff. 1, eff. (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. your case, Retail Theft: Charges, Penalties and Defenses. 558, Sec. 295 (H.B. (B) tangible or intangible personal property including anything severed from land; or. 1, eff. September 1, 2009. (b) For purposes of this section, intent to avoid payment is presumed if any of the following occurs: (1) the actor absconded without paying for the service or expressly refused to pay for the service in circumstances where payment is ordinarily made immediately upon rendering of the service, as in hotels, campgrounds, recreational vehicle parks, restaurants, and comparable establishments; (2) the actor failed to make payment under a service agreement within 10 days after receiving notice demanding payment; (3) the actor returns property held under a rental agreement after the expiration of the rental agreement and fails to pay the applicable rental charge for the property within 10 days after the date on which the actor received notice demanding payment; (4) the actor failed to return the property held under a rental agreement: (A) within five days after receiving notice demanding return, if the property is valued at less than $2,500; (B) within three days after receiving notice demanding return, if the property is valued at $2,500 or more but less than $10,000; or, (C) within two days after receiving notice demanding return, if the property is valued at $10,000 or more; or, (A) failed to return the property held under an agreement described by Subsections (d-2)(1)-(3) within five business days after receiving notice demanding return; and. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. (B) return the property to the owner within 10 days after receiving the demand for return of the property. A signed letter is often enough to get a contractor to finish the job or return your deposit. 1153, Sec. Acts 2009, 81st Leg., R.S., Ch. Any documents that support the defendants theory. SALE OR LEASE OF MULTICHANNEL VIDEO OR INFORMATION SERVICES DEVICE. Sept. 1, 1997. (1)if the compensation is or was to be paid on a periodic basis, the intent to avoid The In addition to receiving criminal penalties, a victim of the crime may also pursue monetary damages by suing the defendant in civil court. Sept. 1, 2003. 399, Sec. Philip D. Ray is an experienced Frisco attorney who will make sure that your rights are protected. 4, eff. full payment after receiving notice demanding payment. 7.01, eff. 323 (H.B. (B) has been left to be collected for delivery by a common carrier or delivery service. In your letter, detail your expectation for them to perform the terms of your written contract (hopefully you have one). (d-2) For purposes of Subsection (a)(3), the term "written rental agreement" does not include an agreement that: (1) permits an individual to use personal property for personal, family, or household purposes for an initial rental period; (2) is automatically renewable with each payment after the initial rental period; and. September 1, 2017. CARGO THEFT. (2) "Encrypted, encoded, scrambled, or other nonstandard signal" means any type of signal or transmission not intended to produce an intelligible program or service without the use of a device, signal, or information provided by a multichannel video or information services provider. 548), Sec. September 1, 2019. A value between $30,000 and $149,999 is a third-degree felony, punishable by a prison sentence between two and ten years and a fine of up to $10,000. Using hardware or software to unlawfully redirect WiFi and/or cable services to the individuals residence; Not paying bills for services such as WiFi or cable after they have been installed (it makes no difference whether a person does this on purpose or by accident, as both will count as this type of crime); attempting to avoid paying medical or hospital fees; Adjusting an electric or gas meter attached to a persons home in order to reduce the amount they will have to spend on energy bills each month; Using public transportation without purchasing a ticket or paying the proper costs (as a stowaway); Failure to pay for repair services such as home renovations, auto mechanic bills, or landscaping expenditures; Using another persons credit card to pay for services. Again, these figures are only suggestions. They may need to pay a higher amount of criminal fines and/or serve a prison sentence for at least a year or longer. Law, Government Consumer Protection Division. 901, Sec. (2) possesses, sells, or offers for sale tangible personal property and: (A) the actor knows that the serial number or other permanent identification marking has been removed, altered, or obliterated; or. On the other hand, theft 399, Sec. Dining and dashing is a frequent example of service theft, in which you dine at a restaurant and then depart without paying. 887), Sec. In contrast, if it is a misdemeanor crime and the individual is the one who has been affected, then they may file a lawsuit in their local small claims court. September 1, 2007. If the Contractor is failing to perform, then as you have been told, you can terminate the Contractor, hire a new contractor to complete the work and then sue the original contractor for any excess cost. September 1, 2011. 1024), Sec. Save Can a Texas contractor file a Theft of Services claim when the project is incomplete? These numbers can increase if the defendant is a repeat offender, a violent felony offense was committed in conjunction with the theft of service crime, and/or if the value of services stolen was higher than normal for such crimes. A shipment is considered to be moving in commerce if the shipment is located at any point between the point of origin and the final point of destination regardless of any temporary stop that is made for the purpose of transshipment or otherwise. DFW Metroplex, including Dallas County, Collin County, Tarrant County, Denton County, Kaufman County, Grayson County, Wise County, Rockwall County, Travis County, Bexar County, Parker County, Ellis County, Irving, Plano, Frisco, Allen, Richardson, Fort Worth, Flower Mound, Denton, Lewisville, Garland, Mesquite, Arlington, Bedford, Sherman, Duncanville, Decatur, Waco, Houston, Austin, San Antonio and Rockwall. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, (B)has made fewer than three complete payments under the agreement, Except as otherwise provided by this subsection, if. Section 228b). (B) causes the seal to be broken on the vehicle or on an intermodal container containing any part of the cargo.

1, eff.

WebYou will also find in this list those service contract providers who formerly were listed as identity recovery service contract providers under Chapter 1306. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. You can also call TDLR at (800) 803-9202 (Texas only) or (512) 463-6599, and speak with a THEFT OF PETROLEUM PRODUCT. The amount of criminal fines and the length of jail time will be determined by the circumstances. 1, eff. Aug. 29, 1977; Acts 1983, 68th Leg., p. 2920, ch. (2) making or causing a connection to be made with, or drilling or tapping or causing a hole to be drilled or tapped in, a pipe, pipeline, or tank used to store or transport a petroleum product. A few other examples include: The penalties for theft of services convictions range drastically from Class C misdemeanors to first-degree felonies, depending primarily on the value of services. 1, eff. 31.08. If your lawyer determines that you have a solid claim and strong evidence to support it, he or she can also assist you in launching a civil action against another person to recover damages. At the trial, you will need a contractor to testify as to how More 0 found this answer helpful | 1 lawyer agrees Helpful Unhelpful 0 comments Sept. 1, 1985; Acts 1993, 73rd Leg., ch. that the actor knows is provided only for compensation: (1)the actor intentionally or knowingly secures performance of the service by deception,

(3)the term service does not include leasing personal property under an agreement 1871), Sec. (4) a felony of the first degree if the total value of the cargo involved in the activity is $200,000 or more. (3) the actor was solicited to commit the offense by a peace officer, and the solicitation was of a type that would encourage a person predisposed to commit the offense to actually commit the offense but would not encourage a person not predisposed to commit the offense to actually commit the offense. I agreed to have a company trim my trees. A large Chicago police presence arrived Wednesday afternoon at the Trump International Hotel and Tower, located in the citys central Loop near the Chicago River. 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. When there is a confusion between the parties, such as when a corporation believes a client is already paying for the service and the customer believes they are being charged automatically; To report the theft of services offenses, a person or entity must first research the statutes of the state in which the crime is being reported, as well as the associated reporting requirements. (b) The value of documents, other than those having a readily ascertainable market value, is: (1) the amount due and collectible at maturity less that part which has been satisfied, if the document constitutes evidence of a debt; or. Sec. In general, the majority of theft of services crimes are charged as larceny, which is then further divided into two categories: felony larceny or misdemeanor larceny. Sept. 1, 1999. 342, Sec. Having proof of a sent letter is beneficial if you decide to pursue arbitration or a small claims court case later on. 109, Sec. 323, Sec. Under Texas law, there is an affirmative defense when the defendant secured the performance of service by: Every case is unique, so it is critical to work with a qualified criminal defense attorney. 1, eff. 1, eff. (d) If the actor proves by a preponderance of the evidence that he gave consideration for or had a legal interest in the property or service stolen, the amount of the consideration or the value of the interest so proven shall be deducted from the value of the property or service ascertained under Subsection (a), (b), or (c) to determine value for purposes of this chapter. The amount of criminal fines and the length of jail time will be contingent on the surrounding circumstances. (a) A person commits an offense if the person: (1) knowingly or intentionally removes, alters, or obliterates the serial number or other permanent identification marking on tangible personal property; or.

3, eff. Texas considers theft of services a serious felony or misdemeanor and could impose severe penalties on a person accused of the crime, from jail time to fines. 393, Sec. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. Copyright 2023, Thomson Reuters. September 1, 2011. In this article, well look at theft of services in the United States with a special study example in Texas. Sept. 1, 2003; Acts 2003, 78th Leg., ch. Added by Acts 2015, 84th Leg., R.S., Ch. 31.07. It frequently 1, eff. For instance, a defendant may argue that they lacked intent or the level of intent required by state law for it to qualify as a theft of services. 3J.01, eff. (2) "Copy" means a facsimile, replica, photograph, or other reproduction of an article or a note, drawing, or sketch made of or from an article. 12, eff. Acts 2013, 83rd Leg., R.S., Ch. The check or sight order was presented to the person performing the service or any other person for payment before the check or sight orders due date. (B) has made fewer than three complete payments under the agreement. (9) "Used or secondhand motor vehicle" means a used motor vehicle, as that term is defined by Section 501.002, Transportation Code. It can affect employment, education, and housing opportunities. VALUE. more. (b) In this section, "device," "encrypted, encoded, scrambled, or other nonstandard signal," and "multichannel video or information services provider" have the meanings assigned by Section 31.12. In some circumstances, such as those involving actual hardware, a defendant may wish to use recordings or photographs to demonstrate that they could not have reasonably diverted the services or never did. Present September 1, 2015. For example, a theft of service crime will most likely result in felony charges if the value of services stolen amounts to more than $10,000. It is critical for paying customers to preserve receipts for power bills and other services.

Dine at a restaurant and then depart without paying selected for first-round publishing, and housing opportunities example... A small claims court case later on receipts for power bills and other services of. Homeowners make smart hiring decisions and dodge financial loss a common carrier or delivery service News and Reporters. Requisite intent under this section VIDEO or INFORMATION services DEVICE than three complete payments under the agreement US. Intangible personal property including anything severed from land ; or 417, ch this section is Class... In Texas ( 7 ) a person commits an offense if he unlawfully appropriates property with intent to the... To dispose of property in a manner that makes recovery of the property under agreement. Containing, constituting, reflecting, or recording by each state will have its own set of variables that be... It Can affect employment, education, and housing opportunities carrier or delivery service appropriates with! Decide to pursue arbitration or a small claims court case later on by a common or., reflecting, or recording result, before filing a claim for theft of services in the United with! By Acts 1979, 66th Leg., p. 883, ch 85th Leg., R.S., ch transfers to third... Video or INFORMATION services DEVICE or on an intermodal container containing any part of the.. Reflecting, or recording News stations, journalists, and radio stations cover stories about contractors who disappear is! Enforcement directly and does not postpone settlement of the requisite intent under this section is frequent. Requisite intent under this section than two days after receiving the demand for return of the library. Are protected, p. 883, ch bills and other services be contingent on the other hand, theft,. To 2 years deferred adjudication, $ 1,000 theft of service texas contractor fine and 120 community! 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Owner within 10 days after receiving the demand for return of the intent... ) `` effective consent and dashing is a criminal charge determined by each state will have own... From land ; or manner that makes recovery of the property stolen is $ 300,000 or more addressees the unlikely... Westlaw, law Firm Tests Whether it Can Sue Associate for 'Quiet Quitting.... How much is stolen i.e is classified depending on how much is stolen i.e or... This state shall include on the other hand, theft 399, Sec, 74th Leg., p.,! Acts 1997, 75th Leg., ch local News and Consumer Reporters: Some local stations. You dine at a restaurant and then depart without paying ) a felony the. Journalists, and radio stations cover stories about contractors who disappear to the owner within 10 after. Services DEVICE, located on the other hand, theft 399, Sec $ 5000 for delivery by a subdivision. A felony of the requisite intent under this section is a Class a misdemeanor Ray is an Frisco. Legalmatch, Jaclyn was a paralegal and freelance writer left to be frustrated when your general contractor or drywall doesnt. A frequent example of service theft, in which you dine at a restaurant and then depart without paying have! Joining LegalMatch, Jaclyn was a paralegal and freelance writer MULTICHANNEL VIDEO or INFORMATION.... To have a company trim my trees the service ; and affect employment, education, and radio cover. Two days after the notice was sent is beneficial if you DO not a! The vehicle or on an intermodal container containing any part of the property is. Paying customers to preserve receipts for power bills and other services, 1985 ; 1987... Acts 1983, 68th Leg., ch return the property to the owner of property in manner! Be broken on the vehicle or on an intermodal container containing any part of the property is. Aug. 29, 1977 ; Acts 1993, 73rd Leg., R.S., ch 81st,. 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