How to use the Skin.HasTheme setting - it's not working?



I am making a theme for a skin and the Skin.HasTheme option appears to not be working at all.

I started simple, I made my .xbt file, the images all load with the theme but I can't make XML changes work. Here is the simple code I tried:

    <control type="image">
            <texture border="1">side_fade.png</texture>

The control is showing even when the skin is not loaded. I tried multiple ways of doing this but nothing is this feature not working properly or am I doing something wrong? (I tried using includes with conditions as well but it seems any HasTheme I try is ignored)

Thanks in advance.

(Sorry this is a double post from OpenPHT thread, the Ask button was broken but is now fixed)