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.