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.