Texas Penal Code

§ 31.06 — PRESUMPTION FOR THEFT BY CHECK OR SIMILAR SIGHT ORDER

PE § 31.06Title 7. OFFENSES AGAINST PROPERTY · Ch. 31. THEFT

Statute text

(a)If the actor obtained property or secured performance of service by issuing or passing a check or similar sight order for the payment of money, when the issuer did not have sufficient funds in or on deposit with the bank or other drawee for the payment in full of the check or order as well as all other checks or orders then outstanding, it is prima facie evidence of the issuer's intent to deprive the owner of property under Section 31.03 (Theft) including a drawee or third-party holder in due course who negotiated the check or order or to avoid payment for service under Section 31.04 (Theft of Service) (except in the case of a postdated check or order) if:

(1)the issuer had no account with the bank or other drawee at the time the issuer issued the check or sight order; or

(2)payment was refused by the bank or other drawee for lack of funds or insufficient funds, on presentation within 30 days after issue, and the issuer failed to pay the holder in full within 10 days after receiving notice of that refusal.

(b)For purposes of Subsection (a)(2) or (f)(3), notice may be actual notice or notice in writing that:

(1)is sent by:

(A)first class mail, evidenced by an affidavit of service; or

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Legislative history

Acts 2007, 80th Leg., R.S., Ch. 976 (S.B. 548), Sec. 1, eff. September 1, 2007. Acts 2013, 83rd Leg., R.S., Ch. 128 (S.B. 821), Sec. 1, eff. September 1, 2013. Acts 2013, 83rd Leg., R.S., Ch. 128 (S.B. 821), Sec. 2, eff. September 1, 2013.