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


Office of House Bill AnalysisH.B. 2125
By: Reyna, Elvira
Criminal Jurisprudence
4/19/1999
Introduced



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.  Int this instance, "possession" renders the same
level punishment as if the actor had actually presented the card.  In
contrast, possession of a check is not punishable.  
Currently, stolen checks are among the main instruments used for mail
theft.  The increasing trend of mail theft complaints and stolen or forged
checks reported by postal inspectors and credit unions demonstrates the
need for a stronger deterrent.   

H.B. 2125 provides that it is a state jail felony to steal or knowing
receive 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 it is a state jail felony if a 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.