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.