75R11678 KEL-F                           

         By Hinojosa                                           H.B. No. 3377

         Substitute the following for H.B. No. 3377:

         By Reyna of Bexar                                 C.S.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, Penal Code, is amended by amending

 1-5     Subsection (a)  and adding Subsection (g) to read 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, regardless

 1-8     of whether the actor took possession of the property

 1-9     contemporaneous to issuing or passing the check or sight order, or

1-10     if the actor secured performance of service by issuing or passing a

1-11     check or similar sight order for the payment of money, when the

1-12     issuer did not have sufficient funds in or on deposit with the bank

1-13     or other drawee for the payment in full of the check or order as

1-14     well as all other checks or orders then outstanding, it is prima

1-15     facie evidence of his intent to deprive the owner of property under

1-16     Section 31.03 (Theft) including a drawee or third-party holder in

1-17     due course who negotiated the check or to avoid payment for service

1-18     under Section 31.04 (Theft of Service) (except in the case of a

1-19     postdated check or order) if:

1-20                 (1)  he had no account with the bank or other drawee at

1-21     the time he issued the check or order; or

1-22                 (2)  payment was refused by the bank or other drawee

1-23     for lack of funds or insufficient funds, on presentation within 30

1-24     days after issue, and the issuer failed to pay the holder in full

 2-1     within 10 days after receiving notice of that refusal.

 2-2           (g)  If the actor obtains property by promising the delivery

 2-3     of a check or similar sight order by a certain date for the payment

 2-4     of money, the actor's failure to deliver the check or order not

 2-5     later than the seventh day after that date is prima facie evidence

 2-6     of the actor's intent to deprive the owner of property under

 2-7     Section 31.03.

 2-8           SECTION 2.  This Act takes effect September 1, 1997.  The

 2-9     change in law made by this Act applies only to an offense committed

2-10     on or after the effective date of this Act.  An offense committed

2-11     before the effective date of this Act is covered by the law in

2-12     effect when the offense was committed, and the former law is

2-13     continued in  effect for that purpose.  For purposes of this

2-14     section, an offense was committed before the effective date of this

2-15     Act if any element of the offense occurred before that date.

2-16           SECTION 3.  The importance of this legislation and the

2-17     crowded condition of the calendars in both houses create an

2-18     emergency and an imperative public necessity that the

2-19     constitutional rule requiring bills to be read on three several

2-20     days in each house be suspended, and this rule is hereby suspended.