By Hinojosa                                           H.B. No. 2190
         76R4291 JMC-F                           
                                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, Penal Code, is amended by adding
 1-5     Subsection (g) to read as follows:
 1-6           (g)  If the actor obtains property by promising the delivery
 1-7     of a check or similar sight order for the payment of money, the
 1-8     actor's failure to deliver the check or order not later than the
 1-9     seventh day after the date the actor obtained the property is prima
1-10     facie evidence of the actor's intent to deprive the owner of
1-11     property under Section 31.03.
1-12           SECTION 2.  The change in law made by this Act applies only
1-13     to an offense committed on or after the effective date of this Act.
1-14     An  offense committed before the effective date of this Act is
1-15     covered by the law in effect when the offense was committed, and
1-16     the former law is continued in effect for that purpose.  For
1-17     purposes of this section, an offense was committed before the
1-18     effective date of this Act if any element of the offense occurred
1-19     before that date.
1-20           SECTION 3.  This Act takes effect September 1, 1999.
1-21           SECTION 4.  The importance of this legislation and the
1-22     crowded condition of the calendars in both houses create an
1-23     emergency and an imperative public necessity that the
1-24     constitutional rule requiring bills to be read on three several
 2-1     days in each house be suspended, and this rule is hereby suspended.