Tex. Codes » Penal Code · TITLE 7. OFFENSES AGAINST PROPERTY · CHAPTER 32. FRAUD
Texas Codes

Tex. Penal Code § 32.41 (2026)

Issuance Of Bad Check Or Similar Sight Order

✓ laws through the 89th Legislature (2025)
Find cases: SyfertCases citing this section TX-LEGstatutes.capitol.texas.gov Justiaon Justia CornellLII Search CasesGoogle Scholar

Sec. 32.41. ISSUANCE OF BAD CHECK OR SIMILAR SIGHT ORDER. (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.

(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) he had no account with the bank or other drawee at the time he issued the check or 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.

(c) Notice for purposes of Subsection (b)(2) may be actual notice or notice in writing that:

(1) is sent by:

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

(B) registered or certified mail with return receipt requested;

(2) is addressed to the issuer at the issuer's 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."

(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.

(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.

(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.

(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.

Amended by:

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

Acts 2007, 80th Leg., R.S., Ch. 1393 (H.B. 485), Sec. 1, eff. September 1, 2007.

Acts 2013, 83rd Leg., R.S., Ch. 128 (S.B. 821), Sec. 3, eff. September 1, 2013.

Acts 2013, 83rd Leg., R.S., Ch. 128 (S.B. 821), Sec. 4, eff. September 1, 2013.

Notes of Decisions
Cited in 18 cases, 1975–2020 · leading case: Daugherty, Tonya Jean, 387 S.W.3d 654 (Tex. Crim. App. 2013).
Sort: Relevance Newest Treatment
Daugherty, Tonya Jean, 387 S.W.3d 654 (Tex. Crim. App. 2013). · cites it 2× “Although the State used language from Texas Penal Code Section 32.41(a) in the indictment, that description did not become an element of the statute charged.”
United States v. Gadison, 8 F.3d 186 (5th Cir. 1993). · cites it 3× “Tex.Penal Code Ann. § 32.41 (Vernon 1989 & Supp.”
Cash Biz, LP v. Henry, 539 S.W.3d 342 (Tex. App.—San Antonio 2016). · cites it 3× “" The district attorneys then filed criminal charges against each of the Borrowing Parties for violation of Texas Penal Code Section 32.41, which prohibits issuance of "bad checks".”
Kristofer Kastner v. Tom Lawrence, 390 F. App'x 311 (5th Cir. 2010). · cites it 2× “See Tex. Penal Code Ann. § 32.41 . Specifically, he alleges that notice of the bad check was improper, and that he was not allowed sufficient time to make restitution to Kroger for the amount of the check as required by the statute.”
Cagle v. State, 23 S.W.3d 590 (Tex. App.—Fort Worth 2000). “Laws 883 , 939 (amended 1983, 1987, 1993, 1995, & 1997) (current version at Tex. Penal Code Ann. § 32.41 (f)); see also Christiansen v.”
Dallas Cnty. Bail Bond Bd. v. Mason, 773 S.W.2d 586 (Tex. App.—Dallas 1989). · cites it 2× “TEX.PENAL CODE ANN. § 32.41(a) (Vernon 1974).”
United States v. Lamm, 392 F.3d 130 (5th Cir. 2004). “Tex. Penal Code Ann. § 32.41 (a); Gadison, 8 F.”
McElroy v. State, 667 S.W.2d 856 (Tex. App.—Dallas 1984). · cites it 2× “06 (Vernon 1974), or issuance of a bad check, *875 TEX.PENAL CODE ANN. § 32.41 (Vernon 1974).”
Lonon v. Fiesta Mart, Inc., 999 S.W.2d 458 (Tex. App.—Houston [14th Dist.] 1999). · cites it 2× “See Tex. Pen.Code Ann. § 32.41(a) (Vernon 1994).”
Esquivel v. Watson, 823 S.W.2d 589 (Tex. 1992). · cites it 2× “567b, [now Tex.Penal Code § 32.41] as charged, is the giving of a check with intent to defraud in payment of a preexisting debt”).”
Murphy v. State, 26 S.W.3d 502 (Tex. App.—El Paso 2000). “41(g) of the Texas Penal Code, which provides that issuance of a bad check is not a lesser-included offense of theft as defined in Sections 31.”
Selph v. State, 758 S.W.2d 908 (Tex. App.—Texarkana 1988). “Selph was not charged under Tex.Penal Code Ann. § 32.41 (Vernon 1974 & Supp.”
Show all 18 citing cases →
Tex. Penal Code § 32.41(a): 6 cases
Daugherty, Tonya Jean, 387 S.W.3d 654 (Tex. Crim. App. 2013). “Although the State used language from Texas Penal Code Section 32.41(a) in the indictment, that description did not become an element of the statute charged.”
United States v. Gadison, 8 F.3d 186 (5th Cir. 1993). “Tex.Penal Code Ann. § 32.41 (Vernon 1989 & Supp.”
Dallas Cnty. Bail Bond Bd. v. Mason, 773 S.W.2d 586 (Tex. App.—Dallas 1989). “TEX.PENAL CODE ANN. § 32.41(a) (Vernon 1974).”
Lonon v. Fiesta Mart, Inc., 999 S.W.2d 458 (Tex. App.—Houston [14th Dist.] 1999). “See Tex. Pen.Code Ann. § 32.41(a) (Vernon 1994).”
Brown v. Parrata Sales, Inc., 521 S.W.2d 359 (Tex. Civ. App.—Dallas 1975).
Tex. Penal Code § 32.41(b): 1 case
Brown v. Parrata Sales, Inc., 521 S.W.2d 359 (Tex. Civ. App.—Dallas 1975).
Tex. Penal Code § 32.41(e): 1 case
Lonon v. Fiesta Mart, Inc., 999 S.W.2d 458 (Tex. App.—Houston [14th Dist.] 1999). “See Tex. Pen.Code Ann. § 32.41(a) (Vernon 1994).”
Tex. Penal Code § 32.41(f): 1 case
United States v. Gadison, 8 F.3d 186 (5th Cir. 1993). “Tex.Penal Code Ann. § 32.41 (Vernon 1989 & Supp.”
Tex. Penal Code § 32.41(g): 1 case
Murphy v. State, 26 S.W.3d 502 (Tex. App.—El Paso 2000). “41(g) of the Texas Penal Code, which provides that issuance of a bad check is not a lesser-included offense of theft as defined in Sections 31.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.