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Texas Laws | Penal Code
PENAL CODE
TITLE 7. OFFENSES AGAINST PROPERTY

(3) "Nonprofit organization" means an organization that is exempt from federal income taxation under Section 501(a), Internal Revenue Code of 1986, by being described as an exempt organization by Section 501(c)(3) of that code. (2603)

(4) "Automated teller machine" means an unstaffed electronic information processing device that, at the request of a user, performs a financial transaction through the direct transmission of electronic impulses to a financial institution or through the recording of electronic impulses or other indicia of a transaction for delayed transmission to a financial institution. The term includes an automated banking machine. (2604)

(5) "Controlled substance" has the meaning assigned by Section 481.002, Health and Safety Code. (2605)

(6) "Wholesale distributor of prescription drugs" means a wholesale distributor, as defined by Section 431.401, Health and Safety Code. (2606)

(i) For purposes of Subsection (c)(9), "livestock" and "commission merchant" have the meanings assigned by Section 147.001, Agriculture Code. (2607)

(j) With the consent of the appropriate local county or district attorney, the attorney general has concurrent jurisdiction with that consenting local prosecutor to prosecute an offense under this section that involves the state Medicaid program. (2608)

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1975, 64th Leg., p. 914, ch. 342, Sec. 10, eff. Sept. 1, 1975; Acts 1977, 65th Leg., p. 937, ch. 349, Sec. 1, eff. Aug. 29, 1977; Acts 1981, 67th Leg., p. 849, ch. 298, Sec. 1, eff. Sept. 1, 1981; Acts 1981, 67th Leg., p. 2065, ch. 455, Sec. 1, eff. June 11, 1981; Acts 1983, 68th Leg., p. 2918, ch. 497, Sec. 3, eff. Sept. 1, 1983; Acts 1983, 68th Leg., p. 3244, ch. 558, Sec. 11, eff. Sept. 1, 1983; Acts 1983, 68th Leg., p. 4523, ch. 741, Sec. 1, eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 599, Sec. 1, eff. Sept. 1, 1985; Acts 1985, 69th Leg., ch. 901, Sec. 1, eff. Sept. 1, 1985; Acts 1987, 70th Leg., ch. 167, Sec. 5.01(a)(45), eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 245, Sec. 1, eff. Sept. 1, 1989; Acts 1989, 71st Leg., ch. 724, Sec. 2, 3, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 14, Sec. 284(80), eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 565, Sec. 1, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 203, Sec. 4, 5, eff. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 318, Sec. 9, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 734, Sec. 1, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 843, Sec. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 165, Sec. 30.238, 31.01(69), eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1153, Sec. 7.01, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1276, Sec. 1, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 198, Sec. 2.136, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 257, Sec. 13, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 393, Sec. 20, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 432, Sec. 2, eff. Sept. 1, 2003. (2609)

Amended by: (2610)

Acts 2007, 80th Leg., R.S., Ch. 304 (H.B. 1766), Sec. 1, eff. September 1, 2007. (2611)

Acts 2009, 81st Leg., R.S., Ch. 70 (H.B. 1282), Sec. 1, eff. September 1, 2009. (2612)

Acts 2009, 81st Leg., R.S., Ch. 105 (H.B. 1466), Sec. 1, eff. May 23, 2009. (2613)

Acts 2009, 81st Leg., R.S., Ch. 139 (S.B. 1163), Sec. 1, eff. September 1, 2009. (2614)

Acts 2009, 81st Leg., R.S., Ch. 295 (H.B. 348), Sec. 1, eff. September 1, 2009. (2615)

Acts 2009, 81st Leg., R.S., Ch. 903 (H.B. 671), Sec. 1, eff. September 1, 2009. (2616)

Acts 2009, 81st Leg., R.S., Ch. 903 (H.B. 671), Sec. 2, eff. September 1, 2009. (2617)

Acts 2009, 81st Leg., R.S., Ch. 933 (H.B. 3097), Sec. 3J.01, eff. September 1, 2009. (2618)

Acts 2011, 82nd Leg., R.S., Ch. 120 (S.B. 887), Sec. 1, eff. September 1, 2011. (2619)

Acts 2011, 82nd Leg., R.S., Ch. 120 (S.B. 887), Sec. 2, eff. September 1, 2011. (2620)

Acts 2011, 82nd Leg., R.S., Ch. 323 (H.B. 2482), Sec. 2, eff. September 1, 2011. (2621)

Acts 2011, 82nd Leg., R.S., Ch. 1234 (S.B. 694), Sec. 21, eff. September 1, 2011. (2622)

Acts 2015, 84th Leg., R.S., Ch. 1251 (H.B. 1396), Sec. 10, eff. September 1, 2015. (2623)

Acts 2017, 85th Leg., R.S., Ch. 338 (H.B. 1178), Sec. 4, eff. September 1, 2017. (2624)

Acts 2017, 85th Leg., R.S., Ch. 338 (H.B. 1178), Sec. 5, eff. September 1, 2017. (2625)

Sec. 31.04. THEFT OF SERVICE. (2626)(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: (2627)

(1) the actor intentionally or knowingly secures performance of the service by deception, threat, or false token; (2628)

(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; (2629)

(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 (2630)

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