SRC-DPW H.B. 2734 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 2734
76R5446 PEP-DBy: Cook (Armbrister)
Criminal Justice
5/11/1999
Engrossed


DIGEST 

Currently, Texas law only authorizes merchants or district and county
attorneys to seek prosecution of persons who secure goods with a promissory
note which contains insufficient funds (NSF).  In an effort to control
these losses and the bank charges incurred through the collection of NSF
checks, many merchants use third party companies to verify checks and
collect the outstanding debt.  These third party companies are not allowed
to seek prosecution of persons who write NSF checks.  This bill would
authorize third parties to seek assistance from the prosecutors in the
collection of NSF checks. 

PURPOSE

As proposed, H.B. 2734 sets forth a guideline for the filing of an
affidavit supporting a criminal charge based on the use 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 Article 21.22, Code of Criminal Procedure, to provide
that a credible person on whose affidavit an information charging an
offense under Chapter 31 or 32, Penal Code, involving a check or sight
order may be presented includes, in addition to the holder of the check or
sight order, the holder's assignee, agent or representative, or any other
person retained by the holder to seek collection of the check or sight
order. 

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