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.