By Cook, Keel                                         H.B. No. 2734
         76R5446 PEP-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the filing of an affidavit supporting a criminal charge
 1-3     based on the use of a check or similar sight order.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Article 21.22, Code of Criminal Procedure, is
 1-6     amended to read as follows:
 1-7           Art. 21.22.  INFORMATION BASED UPON COMPLAINT.  (a)  No
 1-8     information shall be presented until affidavit has been made by
 1-9     some credible person charging the defendant with an offense.  The
1-10     affidavit shall be filed with the information.  It may be sworn to
1-11     before the district or county attorney who, for that purpose, shall
1-12     have power to administer the oath, or it may be made before any
1-13     officer authorized by law to administer oaths.
1-14           (b)  For purposes of this article, a credible person on whose
1-15     affidavit an information charging an offense under Chapter 31 or
1-16     32, Penal Code, involving a check or sight order may be presented
1-17     includes, in addition to the holder of the check or sight order,
1-18     the holder's assignee, agent, or representative or any other person
1-19     retained by the holder to seek collection of the check or sight
1-20     order.
1-21           SECTION 2.  The importance of this legislation and the
1-22     crowded condition of the calendars in both houses create an
1-23     emergency and an imperative public necessity that the
1-24     constitutional rule requiring bills to be read on three several
 2-1     days in each house be suspended, and this rule is hereby suspended,
 2-2     and that this Act take effect and be in force from and after its
 2-3     passage, and it is so enacted.