By Haywood                                            S.B. No. 1748
         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.