HBA-AMW H.B. 1874 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1874
By: Cook
Criminal Jurisprudence
4/8/2001
Introduced



BACKGROUND AND PURPOSE 

Current law only allows merchants and district and county attorneys to seek
prosecution of a person who secures goods with a promissory note that
contains insufficient funds (NSF).  To attempt to control losses from NSF
checks and the bank charges incurred as a result of NSF checks, many
merchants employ third party companies to verify checks and to collect the
outstanding debt.  However, third party companies are not allowed to seek
prosecution of a person who writes an NSF check.  House Bill 1874
authorizes third parties to seek assistance from prosecutors in the
collection of bad checks.   

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. 

ANALYSIS

House Bill 1874 amends the Code of Criminal Procedure to provide that a
credible person on whose affidavit an information charging an offense of
theft or fraud involving a check or sight order authorized to 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. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect on the 91st day after adjournment.