Bad Check:

Issuing a bad check in the State of Texas may be a criminal offense under Sec. 32.41 of the Penal Code of the Texas Statutes.  A person is presumed to have knowingly committed fraud if at the time he issued or passed the check he had no account with the bank or other drawee, payment of the check was refused within 30 days after issue and he failed to pay the holder within 10 days after receiving notice of refusal.  Notice may be actual or in writing that is sent by registered or certified mail with return receipt requested, by telegram with report of delivery requested, or by first class mail if the letter was returned unopened with markings indicating that the address is incorrect and that there is no current forwarding order; or  is addressed to the issuer at his address shown on the check, the records of the bank or other drawee; or the records of the person to whom the check or order has been issued or passed.  The content of the notice must contain 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."

The maker of a dishonored check may be charged with a Class C or Class B misdemeanor offense but may avoid such conviction by making restitution either through the prosecutor's office if it is in the collection process, or through the Court if an action has been filed.