🟡Relating to the prosecution of the offense of theft of service.
HB 3463
🟡 HB 3463: Digital notices for theft-of-service cases
What it says it does:
HB 3463 updates the theft-of-service law so that businesses and prosecutors can send written notices by email or text message instead of relying only on certified mail or delivery services. It aims to modernize the law to match how people communicate today.
What it actually changes:
The bill creates a legal presumption that digital notices are received within two days of being sent. That means a person can be presumed to have been notified of a payment demand even if they never actually saw the message. The burden of proof shifts from the business to the accused.
Who is pushing for it:
The witnesses listed in the committee files came from the Travis County District Attorney’s Office and the Harris County District Attorney’s Office. No consumer groups or defense attorneys were recorded in support or opposition.
Who benefits:
Local prosecutors gain efficiency in bringing theft-of-service cases, and service providers such as landlords, contractors, and small businesses get faster enforcement options without the cost of certified mail.
Who gets left out or exposed:
Texans without reliable phone or internet service, including rural residents, low-income households, or seniors, could face charges without ever seeing the notice. The law assumes digital access is universal when it is not.
Why this matters long term:
This law sets a precedent that electronic communication alone can satisfy notice requirements. If expanded to other areas like leases, fines, or debt collection, it could weaken due process protections and make digital presumption the default in future legislation.
What to watch next:
Watch for future bills that use this same logic to justify “digital notice” in broader civil or financial cases. Also watch for any amendments that add or remove safeguards such as proof of delivery or read receipts.
Bottom line:
HB 3463 simplifies the process for prosecutors and service providers, but without clear safeguards it risks leaving everyday Texans without a fair chance to respond before facing criminal charges.
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