78R6173 GWK-F


By:  Keel, Hunter                                                 H.B. No. 619

Substitute the following for H.B. No. 619:                                    

By:  Keel                                                     C.S.H.B. No. 619



A BILL TO BE ENTITLED

AN ACT

relating to notice of the presumption for theft by check.                     
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 31.06(b), Penal Code, is amended to read 
as follows:     
	(b)  For purposes of Subsection (a)(2) or (f)(3), notice may 
be actual notice or notice in writing that:
		(1)  is sent by registered or certified mail with 
return receipt requested, [or] by telegram with report of delivery 
requested, or by regular mail evidenced by an affidavit of service;
		(2)  is addressed to the issuer at his address shown on:                      
			(A)  the check or order;                                                     
			(B)  the records of the bank or other drawee; or                             
			(C)  the records of the person to whom the check or 
order has been issued or passed; and
		(3)  contains the following statement:                                        
			"This is a demand for payment in full for a check 
or order not paid because of a lack of funds or insufficient funds.  
If you fail to make payment in full within 10 days after the date of 
receipt of this notice, the failure to pay creates a presumption for 
committing an offense, and this matter may be referred for criminal 
prosecution."
	SECTION 2.  (a)  The change in law made by this Act applies 
only to an offense committed on or after the effective date of this 
Act.  For purposes of this section, an offense is committed before 
the effective date of this Act if any element of the offense occurs 
before that date.
	(b)  An offense committed before the effective date of this 
Act is covered by the law in effect when the offense was committed, 
and the former law is continued in effect for that purpose.
	SECTION 3.  This Act takes effect September 1, 2003.