By Hunter                                             H.B. No. 1976
         77R6457 ATP-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to notice of the issuance of a bad check.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1. Section 32.41(c), Penal Code, is amended to read
 1-5     as follows:
 1-6           (c)  Notice for purposes of Subsection (b)(2) may be actual
 1-7     notice or notice in writing that:
 1-8                 (1)  is sent by registered or certified mail with
 1-9     return receipt requested, 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  [was] 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 or the records of that person's
1-21     agent; and
1-22                 (3)  contains the following statement:
1-23           "This is a demand for payment in full for a check or order
1-24     not paid because of a lack of funds or insufficient funds.  If you
 2-1     fail to make payment in full within 10 days after the date of
 2-2     receipt of this notice, the failure to pay creates a presumption
 2-3     for committing an offense, and this matter may be referred for
 2-4     criminal prosecution."
 2-5           SECTION 2. (a)  The change in law made by this Act applies
 2-6     only to an offense committed on or after the effective date of this
 2-7     Act.  For purposes of this section, an offense is committed before
 2-8     the effective date of this Act if any element of the offense occurs
 2-9     before that date.
2-10           (b)  An offense committed before the effective date of this
2-11     Act is covered by the law in effect when the offense was committed,
2-12     and the former law is continued in effect for that purpose.
2-13           SECTION 3. This Act takes effect September 1, 2001.