By Pitts H.B. No. 576
Substitute the following for H.B. No. 576:
By Pitts C.S.H.B. No. 576
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to theft by check.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Sec. 31.06, Penal Code, is amended by amending
1-5 Subsection (a) to read as follows:
1-6 (a) If the actor obtained property or secured performance of
1-7 service by issuing or passing a check or similar sight order for
1-8 the payment of money, when the issuer did not have sufficient funds
1-9 in or on deposit with the bank or other drawee for the payment in
1-10 full of the check or order as well as all other checks or orders
1-11 then outstanding, it is prima facie evidence of his intent to
1-12 deprive the owner of property under Section 31.03 (Theft) including
1-13 a drawee or third party holder in due course who negotiated the
1-14 check or to avoid payment for service under Section 31.04 (Theft of
1-15 Service) <is presumed> (except in the case of a postdated check or
1-16 order).
1-17 SECTION 2. (a) The change in law made by this Act applies
1-18 only to an offense committed on or after the effective date of this
1-19 Act. For purposes of this section, an offense is committed before
1-20 the effective date of this Act if any element of the offense occurs
1-21 before that date.
1-22 (b) An offense committed before the effective date of this
1-23 Act is covered by the law in effect when the offense was committed,
1-24 and the former law is continued in effect for that purpose.
2-1 SECTION 3. This Act takes effect September 1, 1995.
2-2 SECTION 4. The importance of this legislation and the
2-3 crowded condition of the calendars in both houses create an
2-4 emergency and an imperative public necessity that the
2-5 constitutional rule requiring bills to be read on three several
2-6 days in each house be suspended, and this rule is hereby suspended.