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.