| TO: | Honorable Helen Giddings, Chair, House Committee on Business & Industry |
| FROM: | John S. O'Brien, Deputy Director, Legislative Budget Board |
| IN RE: | HB1855 by Giddings (Relating to the deletion of certain electronic records concerning a customer who issues a check; providing a civil penalty.), As Introduced |
The bill would require a business to delete any electronic record indicating a customer has issued a dishonored check within 30 days if (1) the business and the customer agree that the information is incorrect; and (2) the customer presents a police report and a written notice from the customer stating the dishonored check was unauthorized. A business who fails to delete the record is liable to the state for a civil penalty of up to $1,000 for each day the failure continues.
The Attorney General is given authority to sue to collect the civil penalty and recover reasonable expenses including court costs, attorney fees, investigative costs, witness fees and deposition expenses.
This Act takes effect on September 1, 2005.
The proposed legislation could result in new complaints, investigations or cases by the OAG, however it is projected that this increase could be absorbed by current resources within the OAG
| Source Agencies: | 302 Office of the Attorney General
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| LBB Staff: | JOB, JRO, MS
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