77R12702 ATP-D
By Hunter H.B. No. 1976
Substitute the following for H.B. No. 1976:
By Keel C.S.H.B. No. 1976
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to notice of the presumption for theft by check.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 31.06(b), Penal Code, is amended to read
1-5 as follows:
1-6 (b) For purposes of Subsection (a)(2) or (f)(3), notice may
1-7 be actual notice or notice in writing that:
1-8 (1) is sent by registered or certified mail with
1-9 return receipt requested, [or] by telegram with report of delivery
1-10 requested, or by first class mail if the sending of the notice is
1-11 evidenced by an executed certificate of mailing and the letter
1-12 containing the notice is subsequently returned unopened with
1-13 markings indicating that the address is incorrect and that there is
1-14 no current forwarding order;
1-15 (2) is addressed to the issuer at his address shown
1-16 on:
1-17 (A) the check or order;
1-18 (B) the records of the bank or other drawee; or
1-19 (C) the records of the person to whom the check
1-20 or order has been issued or passed; and
1-21 (3) contains the following statement:
1-22 "This is a demand for payment in full for a check
1-23 or order not paid because of a lack of funds or insufficient funds.
1-24 If you fail to make payment in full within 10 days after the date
2-1 of receipt of this notice, the failure to pay creates a presumption
2-2 for committing an offense, and this matter may be referred for
2-3 criminal prosecution."
2-4 SECTION 2. (a) The change in law made by this Act applies
2-5 only to an offense committed on or after the effective date of this
2-6 Act. For purposes of this section, an offense is committed before
2-7 the effective date of this Act if any element of the offense occurs
2-8 before that date.
2-9 (b) An offense committed before the effective date of this
2-10 Act is covered by the law in effect when the offense was committed,
2-11 and the former law is continued in effect for that purpose.
2-12 SECTION 3. This Act takes effect September 1, 2001.