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.