1-1     By:  Hinojosa, et al. (Senate Sponsor - Armbrister)   H.B. No. 2190
 1-2           (In the Senate - Received from the House April 29, 1999;
 1-3     April 30, 1999, read first time and referred to Committee on
 1-4     Criminal Justice; May 14, 1999, reported adversely, with favorable
 1-5     Committee Substitute by the following vote:  Yeas 7, Nays 0;
 1-6     May 14, 1999, sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR H.B. No. 2190              By:  Armbrister
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to prima facie evidence for the offense of theft of
1-11     livestock by check.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  Section 31.06, Penal Code, is amended by adding
1-14     Subsections (g) and (h) to read as follows:
1-15           (g)  If the actor obtained livestock by issuing or passing a
1-16     check or similar sight order, other than a postdated check or
1-17     order, for the payment of money not later than the seventh day
1-18     after the date the actor took possession of the livestock and the
1-19     issuer did not have sufficient funds in or on deposit with the bank
1-20     or other drawee for the payment in full of the check or order as
1-21     well as all other checks or orders then outstanding, it is prima
1-22     facie evidence of the actor's intent to deprive the owner of
1-23     property under Section 31.03, including a drawee or third-party
1-24     holder in due course who negotiated the check, if:
1-25                 (1)  the actor did not have an account with the bank or
1-26     other drawee at the time that the actor issued the check or order;
1-27     or
1-28                 (2)  on presentation not later than the 30th day after
1-29     the date the actor issued the check or order, the bank or other
1-30     drawee refused payment for lack of funds or insufficient funds and
1-31     the issuer failed to pay the holder in full not later than the 10th
1-32     day after the date the actor received notice of that refusal.
1-33           (h)  In this section, "livestock" has the meaning assigned by
1-34     Section 142.001, Agriculture Code.
1-35           SECTION 2.  This Act takes effect September 1, 1999, and
1-36     applies only to an offense committed on or after that date.  An
1-37     offense committed before the effective date of this Act is covered
1-38     by the law in effect when the offense was committed, and the former
1-39     law is continued in  effect for that purpose.  For purposes of this
1-40     section, an offense was committed before the effective date of this
1-41     Act if any element of the offense occurred before that date.
1-42           SECTION 3.  The importance of this legislation and the
1-43     crowded condition of the calendars in both houses create an
1-44     emergency and an imperative public necessity that the
1-45     constitutional rule requiring bills to be read on three several
1-46     days in each house be suspended, and this rule is hereby suspended.
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