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. 1-47 * * * * *