Bill not drafted by TLC or Senate E&E.

      Line and page numbers may not match official copy.

      By Hinojosa                                     H.B. No. 3377

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

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

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

 1-4           SECTION 1.  Chapter 31, Penal Code, is amended by adding

 1-5     Section 31.07 to read as follows:

 1-6           Sec. 31.07.  PRIMA FACIE EVIDENCE FOR THEFT BY CHECK.  (a)

 1-7     It is prima facie evidence of a person's intent to deprive the

 1-8     owner of property under Section 31.03 (Theft) if:

 1-9                 (1)  the person promises to deliver a check or similar

1-10     sight order in payment for property and fails to deliver such check

1-11     or order within seven (7) days after obtaining the property; or

1-12                 (2)  the person delivers a check or similar sight order

1-13     in purported payment for the property within seven (7) days after

1-14     obtaining the property and

1-15                       (A)  the person had no account at the bank or

1-16     with the drawee upon which the check or order was drawn at the time

1-17     he delivered the check or order, or

1-18                       (B)  payment was refused by the bank or other

1-19     drawee for lack of funds or insufficient funds, on presentation of

1-20     the check or order within 30 days after issue, and the issued

1-21     failed to pay the holder of the check or order in full within 10

1-22     days after receiving notice of that refusal.

1-23           SECTION 2.  This Act takes effect September 1, 1997.

1-24           SECTION 3.  The importance of this legislation and the

 2-1     crowded condition of the calendars in both houses create an

 2-2     emergency and an imperative public necessity that the

 2-3     constitutional rule requiring bills to be read on three several

 2-4     days in each house be suspended, and this rule is hereby suspended.