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	Amend SB 122 as follows:                                                     
	(1) Add the following appropriately numbered SECTION to the 
bill and renumber subsequent SECTIONS of the bill accordingly:
	SECTION ___. (a) Subchapter D, Chapter 35, Business &
Commerce Code, is amended by adding Section 35.395 to read as 
follows:
	Sec. 35.395. DELIVERY OF A CHECK FORM. (a) In this section:             
		(1) "Addressee" means a person to whom a check form is 
sent.         
		(2) "Check form" means a device for the transmission or 
payment of money that:
			(A) is not a negotiable instrument under Section 
3.104;             
			(B) if completed would be a check as that term is 
described by Section 3.104; and
			(C) is printed with information relating to the 
financial institution on which the completed check may be drawn.
		(3) "Courier" means a business, other than the United 
States Postal Service, that delivers parcels for a fee.
	(b) A person who prints a check form must provide an addressee 
the option of selecting a courier for delivery of a check form and 
must notify the addressee of this option. If an addressee selects a 
courier for delivery of a check form, the signature of the addressee 
or the addressee's representative must be obtained on delivery, 
unless the addressee specifically notifies the person who prints 
the check form, or the person's agent, that the signature of the 
addressee or the addressee's representative is not required for 
delivery. The notification may be made in writing on the check form 
order, by electronic selection if the check forms are ordered using 
the Internet, by electronic mail to an address provided to the 
addressee by the person who prints the check form or the person's 
agent, by recorded oral notice, or by another method reasonably 
calculated to effectively communicate the addressee's intent.
	(c) A person who prints a check form shall notify the courier 
of the check form if the signature of the addressee or the 
addressee's representative is required for delivery under 
Subsection (b).
	(d) A person who violates Subsection (b) or (c) is subject to 
a civil penalty of $1,000 for each violation.
	(e) A courier who is notified under Subsection (c) that a 
signature is required for delivery may not deliver the check form 
before obtaining the signature of the addressee or a representative 
of the addressee. A courier who violates this subsection is subject 
to a civil penalty of $1,000 for each violation.
	(f) The attorney general may bring suit to recover a civil 
penalty imposed under this section. The attorney general may 
recover reasonable expenses incurred in obtaining a civil penalty 
under this subsection, including court costs, reasonable 
attorney's fees, investigative costs, witness fees, and deposition 
expenses.
	(g) This section applies only to an addressee located in the 
delivery area of a courier. This section does not require a courier 
to deliver a check form to an addressee who is not located in the 
delivery area of the courier.
	(b) The changes in law made by Section 35.395, Business &
Commerce Code, as added by this section, do not apply to the 
delivery of check forms if the addressee uses a check form order 
form that does not include an option to select a signature 
requirement and submits the order form before June 1, 2006.
	(c) This section takes effect January 1, 2006.                                 
	(2) In SECTION 3 of the bill (House committee printing, page 
11, line 3), strike "This" and substitute "Except as otherwise 
provided by this Act, this".