Amend CSHB 2190 by striking all below the enacting clause and
substituting the following:
      SECTION 1.  Article 21.22, Code of Criminal Procedure, is
amended to read as follows:
      Art. 21.22.  INFORMATION BASED UPON COMPLAINT. (a)  No
information shall be presented until affidavit has been made by
some credible person charging the defendant with an offense.  The
affidavit shall be filed with the information.  It may be sworn to
before the district or county attorney who, for that purpose, shall
have power to administer the oath, or it may be made before any
officer authorized by law to administer oaths.
      (b)  For purposes of this article, a credible person on whose
affidavit an information charging an offense under Chapter 31 or
32, Penal Code, involving a check or sight order may be presented
includes, in addition to the holder of the check or sight order,
the holder's assignee, agent, or representative or any other person
retained by the holder to seek collection of the check or sight
order.
      SECTION 2.  Section 31.06, Penal Code, is amended by amending
Subsection (b) and adding Subsections (g) and (h) to read as
follows:
      (b)  For purposes of Subsection (a)(2), <or> (f)(3), or
(g)(2), notice may be actual notice or notice in writing that:
            (1)  is sent by registered or certified mail with
return receipt requested or by telegram with report of delivery
requested;
            (2)  is addressed to the issuer at the issuer's <his>
address shown on:
                  (A)  the check or order;
                  (B)  the records of the bank or other drawee; or
                  (C)  the records of the person to whom the check
or order has been issued or passed; and
            (3)  contains the following statement:
                  "This is a demand for payment in full for a check
or order not paid because of a lack of funds or insufficient funds.
If you fail to make payment in full within 10 days after the date
of receipt of this notice, the failure to pay creates a presumption
for committing an offense, and this matter may be referred for
criminal prosecution."
      (g)  If the actor obtained livestock by issuing or passing a
check or similar sight order, other than a postdated check or
order, for the payment of money on the date the actor took
possession of the livestock and the actor did not have sufficient
funds in or on deposit with the bank or other drawee for the
payment in full of the check or order as well as all other checks
or orders then outstanding, it is prima facie evidence of the
actor's intent to deprive the owner of property under Section
31.03, including a drawee or third-party holder in due course who
negotiated the check, if:
            (1)  the actor did not have an account with the bank or
other drawee at the time that the actor issued the check or order;
or
            (2)  on presentation not later than the 30th day after
the date the actor issued the check or order, the bank or other
drawee refused payment for lack of funds or insufficient funds and
the issuer failed to pay the holder in full not later than the 10th
day after the date the actor received notice of that refusal.
      (h)  In this section, "livestock" has the meaning assigned by
Section 142.001, Agriculture Code.
      SECTION 3.  This Act takes effect September 1, 1999, and
applies only to an offense committed on or after that date.  An
offense committed before the effective date of this Act is covered
by the law in effect when the offense was committed, and the former
law is continued in  effect for that purpose.  For purposes of this
section, an offense was committed before the effective date of this
Act if any element of the offense occurred before that date.
      SECTION 4.  The importance of this legislation and the
crowded condition of the calendars in both houses create an
emergency and an imperative public necessity that the
constitutional rule requiring bills to be read on three several
days in each house be suspended, and this rule is hereby
suspended.