HBA-NMO, KMH H.B. 2125 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 2125
By: Reyna, Elvira
Criminal Jurisprudence
7/30/1999
Enrolled



BACKGROUND AND PURPOSE 

Without the owner's effective consent, possession of a credit card with the
intent to sell it, use it, or transfer is considered "credit card abuse"
under Section 32.31 of the Penal Code.  Credit card abuse is punishable as
a state jail felony.  In this instance, "possession" renders the same level
of punishment as if the actor had actually presented the card.  In
contrast, prior to the 76th Legislature, possession of a check in the same
context was not a criminally punishable offense.  H.B. 2125 provides that a
person commits a Class A misdemeanor if the person steals or knowingly
receives a stolen unsigned check or similar sight order with the intent to
use, sell, or transfer it. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter B, Chapter 32, Penal Code, by adding Section
32.24, as follows: 

Sec.  32.24.  STEALING OR RECEIVING STOLEN CHECK OR SIMILAR SIGHT ORDER.
(a) Provides that a person commits a Class A misdemeanor if the person
steals an unsigned check or similar sight order or, with knowledge that an
unsigned check or similar sight order has been stolen, receives the check
or sight order with intent to use it, to sell it, or to transfer it to a
person other than the person from whom the check or sight order was stolen. 

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.