December 19, 1951 

Hon. Sam Lee 

Coimty Attorney 

Brazorla County 

Angleton,s Texae 

_. 

Opfnion NO. v-1378 

Rer Which county haa venue la 

a hot check crlmlnal prosecution uhim a check Is 

drawn In on8 county upon a 

bank In that county and Is 

. 

mall8a from that county to 

a payee locatsd In another 

Dqar Sir: c ountg . 

You have requested an opinion of this office 

based in part on the follovlng fact situation: 

"'A ’ would’ vrLt.8 E check. ir ,ba1V8Ston Coumtp, Texas; the check would b8 

. 111td18d in calV8StOn oOUUty,aIId WFitt8tI 

on a Oalveeton Coimty beak. The ch8ck 

would be placed la a8 elWeloQ6 a~nd aadr8888d to a p8reOlI~ln Brazorla couatg 

and the BratorI& County recipient of the 

FQ8ck WOUld 8ndOrfl8 the Bam8;plCW8 it 

in on8 of the &azOrla COUdy bank8 for 

COll8CtiOn, and UpOn being retUl'l8d t0 

+he Oafvexstvn Countybank the check 

.would either be iTlEtZ'k8d'iENffiCl8llt 

funds or no such account, and the cdciplent of the check In Brazorla County 

would present hlms&lf to my office to 

file a hot check camplaint after having 

given due notice." 

Your qU8BtiOi with regard t0 the88 facts 18, 

*Does venue 118 In Brazorla County for purposes of crlminal. pFO88CUtiOn under the hot check law of Texas?" 

S8CtiOn(q of Article 567’b, Y.P.C., was amend- ti 

8d by HOUS Bill 403, Acta 521~3 hagiSlatUr8, R.S. 1951, 

ch. 305, p. 496; to mad as followsi 

*It'shall b8 unlawful for any person to procure any article or thing of 

va 1U8, or to secure poseesalon of any 
Hon. Sam b8, page 2 (v-137tl) 

personal property to which a lien haa 

attached, or to make payment of any preexisting debt or other obligation of whatao8ver form or natW8, or for any other 

purpose t0 make or draw or Utter or deliver, with Intent to defraud, any check, 

draft or brder, for the payment of money, 

upon any bank, person, firm or corporation, knowing at the time of such making, 

drawing, uttering or delivering, that the 

maker, 07 drawer, has not sufficient funda 

In, or on deposit with, such bank, person, 

firm or aorporatlon, for the payment of 

such check, draft or order, ln full, ana 

all Other checks, draft8 or order8 upon 

such&unda then outstanding." 

l8ith8r the original or amended act has 

epeclflc venue provisions. Therefore, V8nU8 18 COntrolled by Article 211, V.C.C.P., which states, 'If 

Venue 18 not specifically stated, the proper county 

for the proeeoutlon of offenses Is that In which the 

offense wa8 committed." 

The offenses deecrlbed in 8eCtiOn (l), au ra, 

are the makln 2 Urawiw uttering or clellverln~ * 

intent t0 d8 aUd; any dheck, drait or Order 

payment of mOn8y . . . l -In Jones v. State, 226 S.W. 

26 437 (Tex. Crlm. 1950), Vhlch Involves a construction of Article 567b,V.P.C., prior to the amendment 

here in question, the court said at page 442: 

"The judgment and sentence are reformed so aa to state the offense aa obtalnlng money with intent to defraud by 

a check in.!the amOUnt of 

hout aufflclent funds.' t 

50 or 

818 added." 

EmphaWe think this holding la applicable to the present 

statute, and that It clearly indicate8 that the gist 

Of the Off8n88 Committed 18 the “draWi@ with intent 

tcj defraud. 

In the Jones case, venue was In the county 

where th8 offensecharged, the drawin g, took place. In 

the fact situation presented y you venue would lie in 

b 

Galveston County if the proof adduced at the trial supported a mak;n& or drawing of the check in Galveeton 
Hon. Sam Lee, page 3 (V-W@) 

County coupled with proof of Intent to defraud es required by the statute. Similarly, the venue would 

118 in &'aZOria .cOUIlty if the proof adduced at the 

upon the Offense that Is prOV8d Where different offenses are COURUitt8d in diff8X'ent COWti8fl; .although 

they are all phaEi88 Of one.traneaCtiOn. 

Your recond question is: 

"If a person makes payment of child 

support, as~providsd~ln the decree of divorcement, by making, uttering and dellvering with Intent to defraud a check for the 

pagment of the same, does such a check come 

within the purview of the hot check law of 

Texas?' 

The portion of Section (l), BU ra which reads 

*or to make payment of any pre-existing %' de t or other 

obligation of; whatsoever form or nature, or for any other 

purpose. . . covers, In our opinion, the giving of a 

hot check" for child support payment if the other statutory requisites are present. 

SUMMARY 

The "Hot Check Law", Art. 567b,V.PX., 

makes.no provision as to venue for trial 

of the offenses defined. Under Article 

211, V.C.C.P., the general venue statute, 

venue lies in the county'in which the offense of making, drawing, uttering, or 

delivering of the "hot check" takes place. 

If more than one Of the defined OffenS 

occurs, and in different counties, as phases 

of on8 transaction, V8nU8 lies in any On8 

of th8 counties, provided that the proof 

adduced was of the Offense conjmitted in 

the given county. 

The other statutory requisites being 

present, the glvlng of a "hot check" for a 
408 Hon. Sam Lee, page 4 (V-13781 

child support 

by Art. 567b,V.P.C . 

APPROVED: 

J. C. Davis, Jr. 

County Affaixla Division 

ChPrles D. Mathews 

First Assistant 

BW,EWT:mb 

Yours ver; tiuly, 

PRICE DANIiXL 

Attorney General 

Aaslatants 

.