Bill not drafted by TLC or Senate E&E.

      Line and page numbers may not match official copy.

      By Hinojosa                                     H.B. No. 3378

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to prima facie evidence of theft of agricultural products

 1-3     by check.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 31.01, Penal Code, is amended by adding

 1-6     Subsection (10) to read as follows:

 1-7                 (10)  "Agricultural products" includes:

 1-8                       (A)  "livestock" as defined in Section 147.001,

 1-9     Agriculture Code; and

1-10                       (B)  crops.

1-11           SECTION 2.  Chapter 31, Penal Code, is amended by adding

1-12     Section 31.07 to read as follows:

1-13           Section 31.07.  PRIMA FACIE EVIDENCE FOR THEFT BY CHECK.  (a)

1-14     It is prima facie evidence of a person's intent to deprive the

1-15     owner of property under Section 31.03 (Theft) if:

1-16                 (1)  the person promises to deliver a check or similar

1-17     sight order in payment for an agricultural product and fails to

1-18     deliver such check or order within seven (7) days after obtaining

1-19     the agricultural product; or

1-20                 (2)  the person delivers a check or similar sight order

1-21     in purported payment for an agricultural product within seven (7)

1-22     days after obtaining the property and

1-23                       (A)  the person had no account at the bank or

1-24     with the drawee upon which the check or order was drawn at the time

 2-1     he delivered the check or order, or

 2-2                       (B)  payment was refused by the bank or other

 2-3     drawee for lack of funds or insufficient funds, on presentation of

 2-4     the check or order within 30 days after issue, and the issued

 2-5     failed to pay the holder of the check or order in full within 10

 2-6     days after receiving notice of that refusal.

 2-7           SECTION 3.  This Act takes effect September 1, 1997.

 2-8           SECTION 4.  The importance of this legislation and the

 2-9     crowded condition of the calendars in both houses create an

2-10     emergency and an imperative public necessity that the

2-11     constitutional rule requiring bills to be read on three several

2-12     days in each house be suspended, and this rule is hereby suspended.