HBA-BSM C.S.H.B. 1976 77(R)    BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 1976
By: Hunter
Criminal Jurisprudence
4/18/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

The 74th Legislature enacted legislation to provide that notice, by first
class mail if a letter was returned unopened with marking indicating that
the address is incorrect and that there is no current forwarding order, is
acceptable as a form of notice to a person who has committed theft by
check.  C.S.H.B. 1976 expands this legislation to require the notice to be
evidenced by an executed certificate of mailing. 

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

C.S.H.B. 1976 amends the Penal Code to provide that notice of theft by
check by first class mail is evidenced if the notice is sent by an executed
certificate of mailing and the letter containing the notice is subsequently
returned unopened  with markings indicating that the address is incorrect
and that there is no current forwarding order.  

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1976 modifies the original bill by amending provisions of the
Penal Code relating to theft by check rather than the issuance of a bad
check.  The substitute also removes the provision that authorizes an
address in the records of the agent of the person to whom the check or
order has been issued a valid address for the purpose of notice.