Text of section effective on September 01, 2013

1. (a) A person commits an offense if he issues or passes a check or similar sight order 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. (b) This section does not prevent the prosecution from establishing the required knowledge by direct evidence; however, for purposes of this section, the issuer's knowledge of insufficient funds is presumed (except in the case of a postdated check or order) if:

   1. (1) he had no account with the bank or other drawee at the time he issued the check or order; or
   2. (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.
3. (d) If notice is given in accordance with Subsection (c), it is presumed that the notice was received no later than five days after it was sent.
4. (f) Except as otherwise provided by this subsection, an offense under this section is a Class C misdemeanor. If the check or similar sight order that was issued or passed was for a child support payment the obligation for which is established under a court order, the offense is a Class B misdemeanor.
5. (g) An offense under this section is not a lesser included offense of an offense under Section 31.03 or 31.04.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.

Amended by Acts 1983, 68th Leg., p. 5050, ch. 911, Sec. 1, eff. Aug. 29, 1983;

Acts 1987, 70th Leg., ch. 687, Sec. 2, eff. June 18, 1987;

Acts 1989, 71st Leg., ch. 1038, Sec. 1, eff. June 16, 1989;

Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994;

Acts 1995, 74th Leg., ch. 753, Sec. 2, eff. Sept. 1, 1995;

Acts 1997, 75th Leg., ch. 702, Sec. 14, eff. Sept. 1, 1997.