76R10810 JMC-D                           
         By Hinojosa, et al.                                   H.B. No. 2190
         Substitute the following for H.B. No. 2190:
         By Hinojosa                                       C.S.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           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 31.06(a), Penal Code, is amended to read
 1-5     as follows:
 1-6           (a)  If the actor obtained property by issuing or passing a
 1-7     check or similar sight order for the payment of money not later
 1-8     than the seventh day after the date the actor took possession of
 1-9     the property, or if the actor secured performance of service by
1-10     issuing or passing a check or similar sight order for the payment
1-11     of money, when the issuer did not have sufficient funds in or on
1-12     deposit with the bank or other drawee for the payment in full of
1-13     the check or order as well as all other checks or orders then
1-14     outstanding, it is prima facie evidence of his intent to deprive
1-15     the owner of property under Section 31.03 (Theft) including a
1-16     drawee or third-party holder in due course who negotiated the check
1-17     or to avoid payment for service under Section 31.04 (Theft of
1-18     Service) (except in the case of a postdated check or order) if:
1-19                 (1)  he had no account with the bank or other drawee at
1-20     the time he issued the check or order; or
1-21                 (2)  payment was refused by the bank or other drawee
1-22     for lack of funds or insufficient funds, on presentation within 30
1-23     days after issue, and the issuer failed to pay the holder in full
1-24     within 10 days after receiving notice of that refusal.
 2-1           SECTION 2.  This Act takes effect September 1, 1999, and
 2-2     applies only to an offense committed on or after that date.  An
 2-3     offense committed before the effective date of this Act is covered
 2-4     by the law in effect when the offense was committed, and the former
 2-5     law is continued in  effect for that purpose.  For purposes of this
 2-6     section, an offense was committed before the effective date of this
 2-7     Act if any element of the offense occurred before that date.
 2-8           SECTION 3.  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.