By West                                               H.B. No. 1074
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the presumption for theft by check after the issuance
    1-3  of a stop payment order.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 31.06, Penal Code, is amended by amending
    1-6  Subsection (b) and adding Subsections (f) and (g) to read as
    1-7  follows:
    1-8        (b)  For purposes of Subsection (a)(2) or (f)(3), notice may
    1-9  be actual notice or notice in writing, sent by registered or
   1-10  certified mail with return receipt requested or by telegram with
   1-11  report of delivery requested, and addressed to the issuer at his
   1-12  address shown on:
   1-13              (1)  the check or order;
   1-14              (2)  the records of the bank or other drawee; or
   1-15              (3)  the records of the person to whom the check or
   1-16  order has been issued or passed.
   1-17        (f)  If the actor obtained property by issuing or passing a
   1-18  check or similar sight order for the payment of money, the actor's
   1-19  intent to deprive the owner of the property under Section 31.03
   1-20  (theft) is presumed, except in the case of a postdated check or
   1-21  order, if:
   1-22              (1)  the actor ordered the bank or other drawee to stop
   1-23  payment on the check or order;
   1-24              (2)  the bank or drawee refused payment to the holder
    2-1  on presentation of the check or order within 30 days after issue;
    2-2              (3)  the owner gave the actor notice of the refusal of
    2-3  payment and made a demand to the actor for payment or return of the
    2-4  property; and
    2-5              (4)  the actor failed to:
    2-6                    (A)  pay the holder within 10 days after
    2-7  receiving the demand for payment; or
    2-8                    (B)  return the property to the owner within 10
    2-9  days after receiving the demand for return of the property.
   2-10        (g)  Intent to deprive the owner of the property is not
   2-11  presumed if the actor has determined that the property is defective
   2-12  and has notified the owner of the defect and the owner has refused
   2-13  to:
   2-14              (1)  accept the return of the property in exchange for
   2-15  the check; or
   2-16              (2)  exchange the defective property for nondefective
   2-17  property of equal value.
   2-18        SECTION 2.  (a)  The change in law made by this Act applies
   2-19  only to an offense committed on or after the effective date of this
   2-20  Act.  For purposes of this section, an offense is committed before
   2-21  the effective date of this Act if any element of the offense occurs
   2-22  before the effective date.
   2-23        (b)  An offense committed before the effective date of this
   2-24  Act is covered by the law in effect when the offense was committed,
   2-25  and the former law is continued in effect for this purpose.
   2-26        SECTION 3.  This Act takes effect September 1, 1995.
   2-27        SECTION 4.  The importance of this legislation and the
    3-1  crowded condition of the calendars in both houses create an
    3-2  emergency and an imperative public necessity that the
    3-3  constitutional rule requiring bills to be read on three several
    3-4  days in each house be suspended, and this rule is hereby suspended.