By West H.B. No. 1074 74R812 NSC-D 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 Subsection (f) to read as follows: 1-7 (b) For purposes of Subsection (a)(2) or (f)(3), notice may 1-8 be actual notice or notice in writing, sent by registered or 1-9 certified mail with return receipt requested or by telegram with 1-10 report of delivery requested, and addressed to the issuer at his 1-11 address shown on: 1-12 (1) the check or order; 1-13 (2) the records of the bank or other drawee; or 1-14 (3) the records of the person to whom the check or 1-15 order has been issued or passed. 1-16 (f) If the actor obtained property by issuing or passing a 1-17 check or similar sight order for the payment of money, the actor's 1-18 intent to deprive the owner of the property under Section 31.03 1-19 (theft) is presumed, except in the case of a postdated check or 1-20 order, if: 1-21 (1) the actor ordered the bank or other drawee to stop 1-22 payment on the check or order; 1-23 (2) the bank or drawee refused payment to the holder 1-24 on presentation of the check or order within 30 days after issue; 2-1 (3) the owner gave the actor notice of the refusal of 2-2 payment and made a demand to the actor for payment or return of the 2-3 property; and 2-4 (4) the actor failed to: 2-5 (A) pay the holder within 10 days after 2-6 receiving the demand for payment; or 2-7 (B) return the property to the owner within 10 2-8 days after receiving the demand for return of the property. 2-9 SECTION 2. (a) The change in law made by this Act applies 2-10 only to an offense committed on or after the effective date of this 2-11 Act. For purposes of this section, an offense is committed before 2-12 the effective date of this Act if any element of the offense occurs 2-13 before the effective date. 2-14 (b) An offense committed before the effective date of this 2-15 Act is covered by the law in effect when the offense was committed, 2-16 and the former law is continued in effect for this purpose. 2-17 SECTION 3. This Act takes effect September 1, 1995. 2-18 SECTION 4. The importance of this legislation and the 2-19 crowded condition of the calendars in both houses create an 2-20 emergency and an imperative public necessity that the 2-21 constitutional rule requiring bills to be read on three several 2-22 days in each house be suspended, and this rule is hereby suspended.