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79R3182 KCR-F

By:  Bonnen                                                       H.B. No. 746



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 first class mail if:                                   
			(A)  an affidavit of service evidences that the 
notice was sent with a return address affixed; and
			(B)  the letter containing the notice is not 
subsequently returned unopened [registered or certified mail with 
return receipt requested or by telegram with report of delivery 
requested];
		(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.  Section 32.41(c), Penal Code, is amended to read 
as follows:     
	(c)  Notice for purposes of Subsection (b)(2) may be actual 
notice or notice in writing that:
		(1)  is sent by [registered or certified mail with 
return receipt requested, by telegram with report of delivery 
requested, or by] first class mail if an affidavit of service 
evidences that the notice [the letter] was sent by first class mail
[returned unopened with markings indicating that the address is 
incorrect and that there is no current forwarding order];
		(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 3.  The change in law made by this Act applies only 
to an offense committed on or after the effective date of this Act.  
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.  For purposes of 
this section, an offense was committed before the effective date of 
this Act if any element of the offense was committed before that 
date.
	SECTION 4.  This Act takes effect September 1, 2005.