AEZ S.B. 174 75(R)    BILL ANALYSIS


CRIMINAL JURISPRUDENCE
S.B. 174
By: Brown (Luna, Vilma)
5-7-97
Committee Report (Unamended)



BACKGROUND
 
Currently, Texas law authorizes a prosecutor to collect a maximum fee of
$5 for collecting and processing a dishonored or forged check or similar
sight order if the face amount of the instrument is less than $10.  Due to
the rising costs of stationery, postage, and other prosecution expenses,
it has become necessary to raise the fee for checks that do not exceed
$10.  This bill will authorize a prosecutor to collect a maximum fee of
$10 for collecting and processing a dishonored or forged check or similar
sight order if the face amount of the instrument is less than $10. 


PURPOSE

As proposed, S.B. 174 changes the fee collected by a prosecutor for
collecting and processing a dishonored or forged check or similar sight
order that does not exceed $10.  

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1.Amends Article 102.007(c), Code of Criminal Procedure, to delete
the prohibition that the amount of the fee collected by a prosecutor for
collecting and processing a dishonored or forged check or similar sight
order not exceed $5 if the face amount of the check or sight order does
not exceed $10.  Makes conforming and nonsubstantive changes. 

SECTION 2. Effective date: September 1, 1997.
  Makes application of this Act prospective.

SECTION 3. Emergency clause.