1-1 By: Montford S.B. No. 1267
1-2 (In the Senate - Filed March 10, 1995; March 16, 1995, read
1-3 first time and referred to Committee on Criminal Justice;
1-4 May 10, 1995, reported favorably by the following vote: Yeas 5,
1-5 Nays 0; May 10, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the presumption for theft by check and knowledge of
1-9 issuance of a bad check.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Subsection (b), Section 31.06, Penal Code, is
1-12 amended to read as follows:
1-13 (b) For purposes of Subsection (a)(2), notice may be actual
1-14 notice or notice in writing that:
1-15 (1) is<,> sent by registered or certified mail with
1-16 return receipt requested or by telegram with report of delivery
1-17 requested;
1-18 (2) is<, and> addressed to the issuer at his address
1-19 shown on:
1-20 (A) <(1)> the check or order;
1-21 (B) <(2)> the records of the bank or other
1-22 drawee; or
1-23 (C) <(3)> the records of the person to whom the
1-24 check or order has been issued or passed; and
1-25 (3) contains the following statement:
1-26 "This is a demand for payment in full for a check
1-27 or order not paid because of a lack of funds or
1-28 insufficient funds. If you fail to make payment in
1-29 full within 10 days after the date of receipt of this
1-30 notice, the failure to pay creates a presumption for
1-31 committing an offense, and this matter may be referred
1-32 for criminal prosecution."
1-33 SECTION 2. Subsection (c), Section 32.41, Penal Code, is
1-34 amended to read as follows:
1-35 (c) Notice for purposes of Subsection (b)(2) may be actual
1-36 notice or notice in writing that:
1-37 (1) is<,> sent by registered or certified mail with
1-38 return receipt requested or by telegram with report of delivery
1-39 requested;
1-40 (2) is<, and> addressed to the issuer at his address
1-41 shown on:
1-42 (A) <(1)> the check or order;
1-43 (B) <(2)> the records of the bank or other
1-44 drawee; or
1-45 (C) <(3)> the records of the person to whom the
1-46 check or order has been issued or passed; and
1-47 (3) contains the following statement:
1-48 "This is a demand for payment in full for a check
1-49 or order not paid because of a lack of funds or
1-50 insufficient funds. If you fail to make payment in
1-51 full within 10 days after the date of receipt of this
1-52 notice, the failure to pay creates a presumption for
1-53 committing an offense, and this matter may be referred
1-54 for criminal prosecution."
1-55 SECTION 3. (a) The change in law made by this Act applies
1-56 only to an offense committed on or after the effective date of this
1-57 Act. For purposes of this section, an offense is committed before
1-58 the effective date of this Act if any element of the offense occurs
1-59 before the effective date.
1-60 (b) An offense committed before the effective date of this
1-61 Act is covered by the law in effect when the offense was committed,
1-62 and the former law is continued in effect for that purpose.
1-63 SECTION 4. This Act takes effect September 1, 1995.
1-64 SECTION 5. The importance of this legislation and the
1-65 crowded condition of the calendars in both houses create an
1-66 emergency and an imperative public necessity that the
1-67 constitutional rule requiring bills to be read on three several
1-68 days in each house be suspended, and this rule is hereby suspended.
2-1 * * * * *