By Hinojosa, Swinford                                 H.B. No. 3377

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to prima facie evidence of the offense of theft by check.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 31.06(a), Penal Code, is amended to read

 1-5     as follows:

 1-6           (a)  If the actor obtained property by issuing or passing a

 1-7     check or similar sight order for the payment of money within seven

 1-8     days of when the actor took possession of the property or if the

 1-9     actor secured performance of service by issuing or passing a check

1-10     or similar sight order for the payment of money, when the issuer

1-11     did not have sufficient funds in or on deposit with the bank or

1-12     other drawee for the payment in full of the check or order as well

1-13     as all other checks or orders then outstanding, it is prima facie

1-14     evidence of his intent to deprive the owner of property under

1-15     Section 31.03 (Theft) including a drawee or third-party holder in

1-16     due course who negotiated the check or to avoid payment for service

1-17     under Section 31.04 (Theft of Service) (except in the case of a

1-18     postdated check or order) if:

1-19                 (1)  he had no account with the bank or other drawee at

1-20     the time he issued the check or order; or

1-21                 (2)  payment was refused by the bank or other drawee

1-22     for lack of funds or insufficient funds, on presentation within 30

1-23     days after issue, and the issuer failed to pay the holder in full

1-24     within 10 days after receiving notice of that refusal.

 2-1           SECTION 2.  This Act takes effect September 1, 1997.  The

 2-2     change in law made by this Act applies only to an offense committed

 2-3     on or after the effective date of this Act.  An offense committed

 2-4     before the effective date of this Act is covered by the law in

 2-5     effect when the offense was committed, and the former law is

 2-6     continued in  effect for that purpose.  For purposes of this

 2-7     section, an offense was committed before the effective date of this

 2-8     Act if any element of the offense occurred before that date.

 2-9           SECTION 3.  The importance of this legislation and the

2-10     crowded condition of the calendars in both houses create an

2-11     emergency and an imperative public necessity that the

2-12     constitutional rule requiring bills to be read on three several

2-13     days in each house be suspended, and this rule is hereby suspended.