By Hinojosa, et al. H.B. No. 2190 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to prima facie evidence of the offense of theft by check 1-3 and to certain actions based on nonpayment of a check. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Section 31.06(a), Penal Code, is amended to read 1-6 as follows: 1-7 (a) If the actor obtained property by issuing or passing a 1-8 check or similar sight order for the payment of money not later 1-9 than the seventh day after the date the actor took possession of 1-10 the property, or if the actor secured performance of service by 1-11 issuing or passing a check or similar sight order for the payment 1-12 of money, when the issuer did not have sufficient funds in or on 1-13 deposit with the bank or other drawee for the payment in full of 1-14 the check or order as well as all other checks or orders then 1-15 outstanding, it is prima facie evidence of his intent to deprive 1-16 the owner of property under Section 31.03 (Theft) including a 1-17 drawee or third-party holder in due course who negotiated the check 1-18 or to avoid payment for service under Section 31.04 (Theft of 1-19 Service) (except in the case of a postdated check or order) if: 1-20 (1) he had no account with the bank or other drawee at 1-21 the time he issued the check or order; or 1-22 (2) payment was refused by the bank or other drawee 1-23 for lack of funds or insufficient funds, on presentation within 30 1-24 days after issue, and the issuer failed to pay the holder in full 2-1 within 10 days after receiving notice of that refusal. 2-2 SECTION 2. Chapter 31, Penal Code, is amended by adding 2-3 Section 31.061 to read as follows: 2-4 Sec. 31.061. THREATENING OR PURSUING ACTION TO COLLECT 2-5 CERTAIN CHECKS. A person may not file or threaten to file a 2-6 charge, complaint, or criminal prosecution under Section 31.03, 2-7 31.04, or 32.41 based on nonpayment of a check or similar sight 2-8 order for the payment of money if the person from whom collection 2-9 is sought gave the check or other order in exchange for a cash 2-10 advance and the person making the advance received compensation 2-11 exceeding five percent of the amount of the check or other order. 2-12 This section may not be construed to authorize the practice of 2-13 requiring a check to be given as security for a loan. 2-14 SECTION 3. This Act takes effect September 1, 1999, and 2-15 applies only to an offense committed on or after that date. An 2-16 offense committed before the effective date of this Act is covered 2-17 by the law in effect when the offense was committed, and the former 2-18 law is continued in effect for that purpose. For purposes of this 2-19 section, an offense was committed before the effective date of this 2-20 Act if any element of the offense occurred before that date. 2-21 SECTION 4. The importance of this legislation and the 2-22 crowded condition of the calendars in both houses create an 2-23 emergency and an imperative public necessity that the 2-24 constitutional rule requiring bills to be read on three several 2-25 days in each house be suspended, and this rule is hereby suspended.