Opinion No.

Honorable Gerald A. Fohn District Attorney Tom Green County Courthouse Room 315 San Angelo, Texas 76903

Re: Constitutionality of section 28.03(c) of the Texas Penal Code, which creates a presumption about the guilt of a person in whose name utilities are billed

Dear Mr. Fohn:

You have asked several questions about certain Penal Code provisions concerning tampering with public utility meters. Your first question is: "Is the presumption contained in section28.03(c) of the Texas Penal Code constitutional?" Section 28.03, which governs the offense of "criminal mischief," provides:

A person commits an…