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.