1-1 By: Pitts (Senate Sponsor - Shapiro) H.B. No. 576
1-2 (In the Senate - Received from the House April 24, 1995;
1-3 April 25, 1995, read first time and referred to Committee on
1-4 Criminal Justice; May 22, 1995, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 4, Nays 0;
1-6 May 22, 1995, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR H.B. No. 576 By: Shapiro
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to theft by check, issuance of bad checks, and collection
1-11 of processing fees for dishonored checks; providing penalties.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Section 31.06(a), Penal Code, is amended to read
1-14 as follows:
1-15 (a) If the actor obtained property or secured performance of
1-16 service by issuing or passing a check or similar sight order for
1-17 the payment of money, when the issuer did not have sufficient funds
1-18 in or on deposit with the bank or other drawee for the payment in
1-19 full of the check or order as well as all other checks or orders
1-20 then outstanding, it is prima facie evidence of his intent to
1-21 deprive the owner of property under Section 31.03 (Theft) including
1-22 a drawee or third-party holder in due course who negotiated the
1-23 check or to avoid payment for service under Section 31.04 (Theft of
1-24 Service) <is presumed> (except in the case of a postdated check or
1-25 order) if:
1-26 (1) he had no account with the bank or other drawee at
1-27 the time he issued the check or order; or
1-28 (2) payment was refused by the bank or other drawee
1-29 for lack of funds or insufficient funds, on presentation within 30
1-30 days after issue, and the issuer failed to pay the holder in full
1-31 within 10 days after receiving notice of that refusal.
1-32 SECTION 2. Section 32.41(c), Penal Code, is amended to read
1-33 as follows:
1-34 (c) Notice for purposes of Subsection (b)(2) may be notice
1-35 in writing, sent by registered or certified mail with return
1-36 receipt requested, <or> by telegram with report of delivery
1-37 requested, or by first class mail if the letter was returned
1-38 unopened with markings indicating that the address is incorrect and
1-39 that there is no current forwarding order, and addressed to the
1-40 issuer at his address shown on:
1-41 (1) the check or order;
1-42 (2) the records of the bank or other drawee; or
1-43 (3) the records of the person to whom the check or
1-44 order has been issued or passed.
1-45 SECTION 3. Subchapter E, Chapter 153, Tax Code, is amended
1-46 by adding Section 153.409 to read as follows:
1-47 Sec. 153.409. ISSUANCE OF BAD CHECK TO PERMITTED DISTRIBUTOR
1-48 OR PERMITTED SUPPLIER. (a) A person commits an offense if:
1-49 (1) the person issues or passes a check or similar
1-50 sight order for the payment of money knowing that the issuer does
1-51 not have sufficient funds in or on deposit with the bank or other
1-52 drawee for the payment in full of the check or order as well as all
1-53 other checks or orders outstanding at the time of issuance;
1-54 (2) the payee on the check or order is a permitted
1-55 distributor or permitted supplier; and
1-56 (3) the payment is for an obligation or debt that
1-57 includes a tax under this chapter to be collected by the permitted
1-58 distributor or permitted supplier.
1-59 (b) Sections 32.41(b), (c), (d), (e), and (g), Penal Code,
1-60 apply to an offense under this section in the same manner as those
1-61 provisions are applicable to the offense under Section 32.41(a),
1-62 Penal Code.
1-63 (c) An offense under this section is a Class C misdemeanor.
1-64 (d) A person who makes payment on an obligation or debt
1-65 that includes a tax under this chapter and pays with an
1-66 insufficient funds check issued to a permitted distributor or
1-67 permitted supplier may be held liable for a penalty equal to the
1-68 total amount or tax not paid to the permitted distributor or
2-1 permitted supplier.
2-2 SECTION 4. (a) The change in law made by this Act applies
2-3 only to an offense committed on or after the effective date of this
2-4 Act. For purposes of this section, an offense is committed before
2-5 the effective date of this Act if any element of the offense occurs
2-6 before that date.
2-7 (b) An offense committed before the effective date of this
2-8 Act is covered by the law in effect when the offense was committed,
2-9 and the former law is continued in effect for that purpose.
2-10 SECTION 5. This Act takes effect September 1, 1995.
2-11 SECTION 6. The importance of this legislation and the
2-12 crowded condition of the calendars in both houses create an
2-13 emergency and an imperative public necessity that the
2-14 constitutional rule requiring bills to be read on three several
2-15 days in each house be suspended, and this rule is hereby suspended.
2-16 * * * * *