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.