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.