SRC-JEC H.B. 1874 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 1874
By: Cook (Armbrister)
Jurisprudence
5/3/2001
Engrossed


DIGEST AND PURPOSE 

Current law only allows merchants and district and county attorneys to seek
prosecution of a person who writes a check on an account with insufficient
funds.  Many merchants employ third party companies to verify checks and to
collect outstanding debt from insufficient fund checks. However, third
party companies are not allowed to seek prosecution of a person who writes
an bad check. H.B. 1874 authorizes third parties to seek assistance from
prosecutors in the collection of bad checks.  

RULEMAKING AUTHORITY

This bill does not expressly 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 for purposes of this article, a credible person on whose affidavit an
information charging an offense under Chapter 31 (Theft) or 32 (Fraud),
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.  Effective date: upon passage.