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.