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.