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.