SRC-CDH S.B. 1151 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 1151
By: Nixon
Criminal Justice
3-21-97
As Filed


DIGEST 

Currently, many retail merchants in Texas provide third party check
cashing services to members of the workforce who wish to cash their
paychecks, rather than using banking services. Occasionally, the merchants
have been the victim of bad check writing by employers.  Presently,
merchants are allowed to press charges relating to the issuance of a bad
check; however, current statute prevents the application of other laws,
such as theft of service.  This legislation makes a person criminally
responsible for causing theft of service if the only difference between
what occurred and what the person desired or risked is that a different
offense was committed, or a different person or property was injured or
harmed, in an effort to punish and deter future issuances of bad checks.   

PURPOSE

As proposed, S.B. 1151 establishes the prosecution of the offense of theft
of service involving a third party holder in due course of a check or
similar sight order.   

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 31.04, Penal Code, by adding Subsection (g), to
provide that Section 6.04(b), regarding criminal responsibility for
causing a result, applies to conduct described under this section, or
theft of service.  

SECTION 2. Emergency clause.
  Effective date:  upon passage.