By: Montford S.B. No. 1267
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the presumption for theft by check and knowledge of
1-2 issuance of a bad check.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 31.06(b), Penal Code, is amended to read
1-5 as follows:
1-6 (b) For purposes of Subsection (a)(2), notice may be actual
1-7 notice or notice in writing that:
1-8 (1) is<,> sent by registered or certified mail with
1-9 return receipt requested or by telegram with report of delivery
1-10 requested;
1-11 (2) is<, and> addressed to the issuer at his address
1-12 shown on:
1-13 (A) <(1)> the check or order;
1-14 (B) <(2)> the records of the bank or other
1-15 drawee; or
1-16 (C) <(3)> the records of the person to whom the
1-17 check or order has been issued or passed; and
1-18 (3) contains the following statement:
1-19 "This is a demand for payment in full for a check or order
1-20 not paid because of a lack of funds or insufficient funds. If you
1-21 fail to make payment in full within 10 days after the date of
1-22 receipt of this notice, the failure to pay creates a presumption
1-23 for committing an offense, and this matter may be referred for
2-1 criminal prosecution."<.>
2-2 SECTION 2. Section 32.41(c), Penal Code, is amended to read
2-3 as follows:
2-4 (c) Notice for purposes of Subsection (b)(2) may be actual
2-5 notice or notice in writing that:
2-6 (1) is<,> sent by registered or certified mail with
2-7 return receipt requested or by telegram with report of delivery
2-8 requested;
2-9 (2) is<, and> addressed to the issuer at his address
2-10 shown on:
2-11 (A) <(1)> the check or order;
2-12 (B) <(2)> the records of the bank or other
2-13 drawee; or
2-14 (C) <(3)> the records of the person to whom the
2-15 check or order has been issued or passed; and
2-16 (3) contains the following statement:
2-17 "This is a demand for payment in full for a check or order
2-18 not paid because of a lack of funds or insufficient funds. If you
2-19 fail to make payment in full within 10 days after the date of
2-20 receipt of this notice, the failure to pay creates a presumption
2-21 for committing an offense, and this matter may be referred for
2-22 criminal prosecution."<.>
2-23 SECTION 3. (a) The change in law made by this Act applies
2-24 only to an offense committed on or after the effective date of this
2-25 Act. For purposes of this section, an offense is committed before
3-1 the effective date of this Act if any element of the offense occurs
3-2 before the effective date.
3-3 (b) An offense committed before the effective date of this
3-4 Act is covered by the law in effect when the offense was committed,
3-5 and the former law is continued in effect for that purpose.
3-6 SECTION 4. This Act takes effect September 1, 1995.
3-7 SECTION 5. The importance of this legislation and the
3-8 crowded condition of the calendars in both houses create an
3-9 emergency and an imperative public necessity that the
3-10 constitutional rule requiring bills to be read on three several
3-11 days in each house be suspended, and this rule is hereby suspended.