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.