By Gutierrez                                          H.B. No. 2234
       74R7232 CBH-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the offense of presenting a bad check to a permitted
    1-3  distributor or permitted supplier of motor fuel for the payment of
    1-4  a debt that includes a tax.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Subchapter E, Chapter 153, Tax Code, is amended
    1-7  by adding Section 153.409 to read as follows:
    1-8        Sec. 153.409.  ISSUANCE OF BAD CHECK TO PERMITTED DISTRIBUTOR
    1-9  OR PERMITTED SUPPLIER.  (a)  A person commits an offense if:
   1-10              (1)  the person issues or passes a check or similar
   1-11  sight order for the payment of money knowing that the issuer does
   1-12  not have sufficient funds in or on deposit with the bank or other
   1-13  drawee for the payment in full of the check or order as well as all
   1-14  other checks or orders outstanding at the time of issuance;
   1-15              (2)  the payee on the check or order is a permitted
   1-16  distributor or permitted supplier; and
   1-17              (3)  the payment is for an obligation or debt that
   1-18  includes a tax under this chapter to be collected by the permitted
   1-19  distributor or permitted supplier.
   1-20        (b)  Sections 32.41(b), (c), (d), (e), and (g), Penal Code,
   1-21  apply to an offense under this section in the same manner as those
   1-22  provisions are applicable to the offense under Section 32.41(a),
   1-23  Penal Code.
   1-24        (c)  An offense under this section is a Class A misdemeanor.
    2-1        SECTION 2.  (a) This Act takes effect September 1, 1995.
    2-2        (b)  The change in law made by this Act applies only to an
    2-3  offense committed on or after the effective date of this Act.  For
    2-4  purposes of this section, an offense is committed before the
    2-5  effective date of this Act if any element of the offense occurs
    2-6  before that date.
    2-7        (c)  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 3.  The importance of this legislation and the
   2-11  crowded condition of the calendars in both houses create an
   2-12  emergency and an imperative public necessity that the
   2-13  constitutional rule requiring bills to be read on three several
   2-14  days in each house be suspended, and this rule is hereby suspended.