By Swinford H.B. No. 3141
77R7794 ATP-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to prima facie evidence for the offense of theft of
1-3 livestock, exotic livestock, or exotic fowl.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 31.06, Penal Code, is amended by amending
1-6 Subsection (b) and adding Subsections (g), (h), and (i) to read as
1-7 follows:
1-8 (b) For purposes of Subsection (a)(2), [or] (f)(3), or
1-9 (g)(2), notice may be actual notice or notice in writing that:
1-10 (1) is sent by registered or certified mail with
1-11 return receipt requested or by telegram with report of delivery
1-12 requested;
1-13 (2) is addressed to the issuer at his address shown
1-14 on:
1-15 (A) the check or order;
1-16 (B) the records of the bank or other drawee; or
1-17 (C) the records of the person to whom the check
1-18 or order has been issued or passed; and
1-19 (3) contains the following statement: "This is a
1-20 demand for payment in full for a check or order not paid because of
1-21 a lack of funds or insufficient funds. If you fail to make payment
1-22 in full within 10 days after the date of receipt of this notice,
1-23 the failure to pay creates a presumption for committing an offense,
1-24 and this matter may be referred for criminal prosecution."
2-1 (g) It is prima facie evidence of an actor's intent, under
2-2 Section 31.03, to deprive an owner of property, including a drawee
2-3 or a third party holder in due course who negotiated the check or
2-4 order, if:
2-5 (1) the actor obtains livestock, exotic livestock, or
2-6 exotic fowl by issuing a check or similar sight order for the
2-7 payment of money not later than the seventh day after the date the
2-8 actor takes possession of the livestock or fowl;
2-9 (2) the actor did not have sufficient funds in or on
2-10 deposit with the bank or other drawee for the payment in full of
2-11 the check or order as well as all other checks or orders then
2-12 outstanding; and
2-13 (3) either:
2-14 (A) the actor did not have an account with the
2-15 bank or other drawee at the time that the actor issued the check or
2-16 order; or
2-17 (B) not later than the 30th day after the date
2-18 the actor issues the check or order, the bank or other drawee
2-19 refuses payment for insufficient funds and the actor fails to pay
2-20 the holder in full not later than the 10th day after the date the
2-21 actor receives notice of the bank's or other drawee's refusal to
2-22 pay.
2-23 (h) Subsection (g) does not apply to a postdated check or
2-24 order for the payment of money later than the seventh day after the
2-25 actor takes possession of the livestock, exotic livestock, or
2-26 exotic fowl.
2-27 (i) In this section, "livestock," "exotic livestock," and
3-1 "exotic fowl" have the meanings assigned to those terms by Section
3-2 142.001, Agriculture Code.
3-3 SECTION 2. (a) The change in law made by this Act applies
3-4 only to an offense committed on or after the effective date of this
3-5 Act. For purposes of this section, an offense is committed before
3-6 the effective date of this Act if any element of the offense occurs
3-7 before the effective date.
3-8 (b) An offense committed before the effective date of this
3-9 Act is covered by the law in effect when the offense was committed,
3-10 and the former law is continued in effect for that purpose.
3-11 SECTION 3. This Act takes effect September 1, 2001.