In Gersh v. State, 714 S.W.2d 80 (Tex. App.--Dallas 1986), pet. ref'd, 738 S.W.2d 287 (Tex. Crim. App. 1987), there was evidence that a gas meter had been altered to prevent the flow of gas from registering properly and that, when the gas company installed a tamper-proof meter, the meter registered much higher gas usage. 714 S.W.2d at 81. The defendant lived there with his wife and two children. He argued that the presumption contained in the criminal mischief statute, Section 28.03(c), was unconstitutional as applied to him. The court reasoned that the presumption was valid to the extent that it presumed that one who tampers with a meter will receive an economic benefit. Id. But, to the extent that the presumption identified the person in whose name the utilities were billed as the one who tampered with the meter, the court was of the opinion that the presumption ignored common facts of modern living arrangements such as roommates. Id. at 81-82. The court pointed out that the economic benefit portion of the statutory presumption identified a class of individuals among whom the likely perpetrator could be found, but the "person billed" element arbitrarily selected an individual within a class or group all equally likely to have accomplished the tampering. The court noted that the wife and the children also shared in the benefits derived from the gas. Because the court found that the "person billed" part was too arbitrary, the court held the presumption unconstitutional as applied to the defendant. Id. at 82.