By:  Patterson                                        S.B. No. 1218

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to venue in the prosecution of the offense of issuing a

 1-2     bad check.

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

 1-4           SECTION 1.  Chapter 13, Code of Criminal Procedure, is

 1-5     amended by adding Article 13.26 to read as follows:

 1-6           Art. 13.26.  ISSUANCE OF BAD CHECK.  Notwithstanding Articles

 1-7     4.12 and 45.22, an offense under Section 32.41, Penal Code, may be

 1-8     tried in any justice court precinct in the county in which the

 1-9     offense was committed or, if the victim of the alleged offense

1-10     receives by mail or similar delivery service the check or similar

1-11     sight order issued or passed by the defendant, in any justice court

1-12     precinct in the county in which the victim:

1-13                 (1)  receives the check or similar sight order; or

1-14                 (2)  is located, if the victim is a business entity and

1-15     receives the check or similar sight order in a county other than

1-16     the county in which the victim is located.

1-17           SECTION 2.  (a)  Article 13.26, Code of Criminal Procedure,

1-18     as added by this Act, applies only to the venue for the trial of an

1-19     offense committed on or after the effective date of this Act.  For

1-20     purposes of this section, an offense is committed before the

1-21     effective date of this Act if any element of the offense occurs

1-22     before that date.

1-23           (b)  Venue for the trial of an offense committed before the

1-24     effective date of this Act is covered by the law in effect when the

 2-1     offense was committed, and the former law is continued in effect

 2-2     for that purpose.

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

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

 2-5     crowded condition of the calendars in both houses create an

 2-6     emergency and an imperative public necessity that the

 2-7     constitutional rule requiring bills to be read on three several

 2-8     days in each house be suspended, and this rule is hereby suspended.