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


Office of House Bill AnalysisH.B. 1976
By: Hunter
Criminal Jurisprudence
3/26/2001
Introduced



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 issued a bad check.
House Bill 1976 expands this legislation to require the notice to be
evidenced by an executive certificate of mailing, and to authorize the
records of the agent of the person to whom the check or order has been
issued to be a suitable method of obtaining the address.  

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 1976 amends the Penal Code to provide that notice of an issuance
of a bad 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.  The bill
provides that the records of the agent of the person to whom the check or
order has been issued is an authorized address for the purpose of notice. 

EFFECTIVE DATE

September 1, 2001.