SRC-JBJ C.S.H.B. 2190 76(R)BILL ANALYSIS


Senate Research CenterC.S.H.B. 2190
76R15889 JMC-FBy: Hinojosa (Arbrister)
Criminal Justice
5/13/1999
Committee Report (Substituted)


DIGEST 

Currently, a presumption of intent to steal is created when a defendant
passes a check to obtain property and at the time does not have sufficient
funds to cover the payment in full.  In the event that a product is
delivered to a purchaser before the actual receipt of the payment, the
courts have interpreted the Penal Code to require the check to be given
before the exchange of property or services in order for the recipient of
the dishonored check to prove intent to defraud.  Amending the Penal Code
would allow the issuance of a check or similar sight order with
insufficient funds to be used as prima facie evidence of theft of livestock
by check, rather than only when the instrument and property are
simultaneously exchanged.  C.S.H.B. 2190 would establish prima facie
evidence for the offense of theft of livestock by check. 

PURPOSE

As proposed, C.S.H.B. 2190 establishes prima facie evidence for the offense
of theft of livestock by check. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 31.06, Penal Code, by adding Subsections (g) and
(h), to provide that it is prima facie evidence that a person deprived an
owner of livestock, if the person issued certain checks without sufficient
funds to cover the check at the time of issuance.  Defines "livestock."   

SECTION 2.Effective date: September 1, 1999.
  Makes application of this Act prospective.

SECTION 3.Emergency clause.