BILL ANALYSIS


                                                        S.B. 1267
                                                     By: Montford
                                                 Criminal Justice
                                                         05-10-95
                                     Committee Report (Unamended)
BACKGROUND

Merchants and agents, in most jurisdictions, who attempt to collect
insufficient fund checks are required to give notice to the check
writer before turning them over to the local county or district
attorney for prosecution.  Currently, no uniform version of notice
requirement exists.

PURPOSE

As proposed, S.B. 1267 sets forth the language for a notice for a
check or order which could not be paid because of a lack of or
insufficient funds.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 31.06(b), Penal Code, to set forth the
language and requirements of actual notice or a notice in writing
for a check or order which could not be paid because of a lack of
or insufficient funds.

SECTION 2. Amends Section 32.41(c), Penal Code, to make conforming
changes.

SECTION 3. Makes application of this Act prospective.

SECTION 4. Effective date: September 1, 1995.

SECTION 5. Emergency clause.