By: Schwertner	S.B. No. 821
	(In the Senate - Filed February 25, 2013; March 5, 2013,
	read first time and referred to Committee on Criminal Justice;
	March 25, 2013, reported adversely, with favorable Committee
	Substitute by the following vote:  Yeas 5, Nays 0; March 25, 2013,
	sent to printer.)
	COMMITTEE SUBSTITUTE FOR S.B. No. 821	By:  Schwertner

	A BILL TO BE ENTITLED
	AN ACT
	relating to the prosecution of certain criminal offenses involving
	theft or involving fraud or other deceptive practices.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  The heading to Section 31.06, Penal Code, is
	amended to read as follows:
	Sec. 31.06.  PRESUMPTION FOR THEFT BY CHECK OR SIMILAR SIGHT
	ORDER.
	SECTION 2.  Subsection (a), Section 31.06, Penal Code, is
	amended to read as follows:
	(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 [his]
	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  [he] had no account with the bank or
	other drawee at the time the issuer [he] 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.
	SECTION 3.  The heading to Section 32.41, Penal Code, is
	amended to read as follows:
	Sec. 32.41.  ISSUANCE OF BAD CHECK OR SIMILAR SIGHT ORDER.
	SECTION 4.  Subsection (e), Section 32.41, Penal Code, is
	amended to read as follows:
	(e)  A person charged with an offense under this section may
	make restitution for the bad checks or sight orders.  Restitution
	shall be made through the prosecutor's office if collection and
	processing were initiated through that office.  In other cases
	restitution may be, with the approval of the court in which the
	offense is filed:
	(1)  made through the court; or
	(2)  collected by a law enforcement agency if a peace
	officer of that agency executes a warrant against the person
	charged with the offense.
	SECTION 5.  Subdivision (1), Subsection (a), Section 32.45,
	Penal Code, is amended to read as follows:
	(1)  "Fiduciary" includes:
	(A)  a trustee, guardian, administrator,
	executor, conservator, and receiver;
	(B)  an attorney in fact or agent appointed under
	a durable power of attorney as provided by Chapter XII, Texas
	Probate Code;
	(C)  any other person acting in a fiduciary
	capacity, but not a commercial bailee unless the commercial bailee
	is a party in a motor fuel sales agreement with a distributor or
	supplier, as those terms are defined by Section 162.001 [153.001],
	Tax Code; and
	(D)  an officer, manager, employee, or agent
	carrying on fiduciary functions on behalf of a fiduciary.
	SECTION 6.  Subsection (a), Section 3.507, Business &
	Commerce Code, is amended to read as follows:
	(a)  On return of a check or similar sight order, as defined
	by Section 1.07, Penal Code, to the holder following dishonor of the
	check or sight order by a payor and prior to the check or sight order
	being referred for prosecution, the holder, the holder's assignee,
	agent, or representative, or any other person retained by the
	holder to seek collection of the dishonored check or sight order may
	charge the drawer or indorser of the check or sight order the cost
	of delivery notification by registered or certified mail with
	return receipt requested under Section 31.06 or Section 32.41,
	Penal Code, as applicable.
	SECTION 7.  The heading to Article 102.007, Code of Criminal
	Procedure, is amended to read as follows:
	Art. 102.007.  FEE FOR COLLECTING AND PROCESSING CHECK OR
	SIMILAR SIGHT ORDER.
	SECTION 8.  Subsections (a) and (e), Article 102.007, Code
	of Criminal Procedure, are amended to read as follows:
	(a)  A county attorney, district attorney, or criminal
	district attorney may collect a fee if the attorney's [his] office
	collects and processes a check or similar sight order, as defined by
	Section 1.07, Penal Code, if the check or similar sight order:
	(1)  has been issued or passed in a manner that makes
	the issuance or passing an offense under:
	(A)  Section 31.03, Penal Code;
	(B)  Section 31.04, Penal Code; or
	(C)  Section 32.41, Penal Code; or
	(2)  has been forged, as defined by Section 32.21,
	Penal Code.
	(e)  In addition to the collection fee specified in
	Subsection (c) [of this article], the county attorney, district
	attorney, or criminal district attorney may collect the fee
	authorized by Section 3.506, Business & Commerce Code, for the
	benefit of the holder of a check or similar sight order or the
	holder's [its] assignee, agent, representative, or any other person
	retained by the holder to seek collection of the check or order.
	SECTION 9.  Article 102.0071, Code of Criminal Procedure, is
	amended to read as follows:
	Art. 102.0071.  JUSTICE COURT DISHONORED CHECK OR SIMILAR
	SIGHT ORDER. On conviction in justice court of an offense under
	Section 32.41, Penal Code, or an offense under Section 31.03 or
	31.04, Penal Code, in which it is shown that the defendant committed
	the offense by issuing or passing a check or similar sight order, as
	defined by Section 1.07, Penal Code, that was subsequently
	dishonored, the court may collect from the defendant and pay to the
	holder of the check or order the fee permitted by Section 3.506,
	Business & Commerce Code.
	SECTION 10.  Sections 102.101 and 102.102, Government Code,
	are amended to read as follows:
	Sec. 102.101.  ADDITIONAL COURT COSTS ON CONVICTION IN
	JUSTICE COURT:  CODE OF CRIMINAL PROCEDURE.  A clerk of a justice
	court shall collect fees and costs under the Code of Criminal
	Procedure on conviction of a defendant as follows:
	(1)  a jury fee (Art. 102.004, Code of Criminal
	Procedure) . . . $3;
	(2)  a fee for withdrawing request for jury less than 24
	hours before time of trial (Art. 102.004, Code of Criminal
	Procedure) . . . $3;
	(3)  a jury fee for two or more defendants tried jointly
	(Art. 102.004, Code of Criminal Procedure) . . . one jury fee of $3;
	(4)  a security fee on a misdemeanor offense (Art.
	102.017, Code of Criminal Procedure) . . . $4;
	(5)  a fee for technology fund on a misdemeanor offense
	(Art. 102.0173, Code of Criminal Procedure) . . . $4;
	(6)  a juvenile case manager fee (Art. 102.0174, Code
	of Criminal Procedure) . . . not to exceed $5 if the court employs a
	juvenile case manager;
	(7)  a fee on conviction of certain offenses involving
	issuing or passing a subsequently dishonored check or similar sight
	order (Art. 102.0071, Code of Criminal Procedure) . . . not to
	exceed $30;
	(8)  a court cost on conviction of a Class C misdemeanor
	in a county with a population of 3.3 million or more, if authorized
	by the county commissioners court (Art. 102.009, Code of Criminal
	Procedure) . . . not to exceed $7; and
	(9)  a civil justice fee (Art. 102.022, Code of
	Criminal Procedure) . . . $0.10.
	Sec. 102.102.  ADDITIONAL COURT COSTS ON CONVICTION IN
	JUSTICE COURT:  BUSINESS & COMMERCE CODE. The clerk of a justice
	court shall collect from a defendant a court cost not to exceed $30
	under Section 3.506, Business & Commerce Code, on conviction of
	certain offenses involving issuing or passing a subsequently
	dishonored check or similar sight order.
	SECTION 11.  The heading to Section 162.409, Tax Code, is
	amended to read as follows:
	Sec. 162.409.  ISSUANCE OF BAD CHECK OR SIMILAR SIGHT ORDER
	TO LICENSED DISTRIBUTOR, LICENSED SUPPLIER, OR PERMISSIVE
	SUPPLIER.
	SECTION 12.  Subsections (a) and (d), Section 162.409, Tax
	Code, are amended to read as follows:
	(a)  A person commits an offense if:
	(1)  the person issues or passes a check or similar
	sight order, as defined by Section 1.07, Penal Code, for the payment
	of money knowing that the issuer does 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
	outstanding at the time of issuance;
	(2)  the payee on the check or order is a licensed
	distributor, licensed supplier, or permissive supplier; and
	(3)  the payment is for an obligation or debt that
	includes a tax under this chapter to be collected by the licensed
	distributor, licensed supplier, or permissive supplier.
	(d)  A person who makes payment on an obligation or debt that
	includes a tax under this chapter and pays with an insufficient
	funds check or similar sight order, as defined by Section 1.07,
	Penal Code, issued to a licensed distributor, licensed supplier, or
	permissive supplier may be held liable for a penalty equal to the
	total amount of tax not paid to the licensed distributor, licensed
	supplier, or permissive supplier.
	SECTION 13.  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
	governed by the law in effect on the date 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 occurred
	before that date.
	SECTION 14.  This Act takes effect September 1, 2013.
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