SB1451

Regular Session

Relating to increasing the criminal penalty for the offense of stealing or receiving a stolen check or similar sight order.

LowStandard timeline

Low Cost

Effective:2025-09-01

Enforcing Agencies

Local Law Enforcement • District Attorneys/State Prosecutors

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

Effective Date: September 1, 2025
Compliance Deadline: August 1, 2025 (Recommended target for updating Employee Handbooks and security protocols to ensure staff are on notice prior to the effective date).
Agency Rulemaking: None. This is a Penal Code amendment; no regulatory agency will issue clarifying rules. Interpretation will occur through the judicial system.

Immediate Action Plan

1. Update Policy Documents: Revise the "Theft and Fraud" section of your Employee Handbook to reflect the felony status of check theft by August 1, 2025.
2. Audit Physical Security: Conduct a walkthrough of your accounts payable and payroll departments. Ensure check stock is locked and access is logged.
3. Verify Digital Logs: Ensure your check-printing software maintains an unalterable audit trail of who printed specific checks.
4. Brief Legal/Security: Instruct your internal legal and security teams to request felony prosecution and full restitution in all future check theft cases occurring after September 1.

Operational Changes Required

Contracts

Vendor Agreements: Review contracts with third-party payroll processors, couriers, and lockbox providers. Update indemnification clauses to specifically address liability for "felonious acts" regarding financial instruments.
Insurance Policies: Review Commercial Crime and Fidelity Bond policies. Ensure your "Proof of Loss" procedures align with requirements for reporting felonies to law enforcement, as this may be a prerequisite for maximum payout.

Hiring/Training

Employee Handbooks: Update Codes of Conduct immediately. Explicitly state that theft of company checks is a State Jail Felony under Texas law. Use this language as a specific deterrent during onboarding.
Security Training: Train Loss Prevention and Internal Audit teams that check theft is no longer a "petty" crime. Internal investigations must now be conducted with the rigor required for felony prosecution referrals.

Reporting & Record-Keeping

Evidence Chain of Custody: To secure a felony conviction, the standard of proof is high. Implement strict logs for access to physical check stock and check-printing software.
Incident Reporting: When filing police reports for stolen checks after September 1, 2025, explicitly cite Texas Penal Code Section 32.24 and the felony classification to prevent intake officers from misclassifying the report as a misdemeanor.

Fees & Costs

No New State Fees: There are no administrative filing fees associated with this law.
Indirect Costs: Potential minor costs associated with upgrading physical security for check storage or legal counsel fees for reviewing updated handbook language.

Strategic Ambiguities & Considerations

"Similar Sight Order": The statute applies to checks and "similar sight orders." While this covers cashier's checks and drafts, businesses utilizing novel paper payment instruments or warrants should consult counsel to confirm coverage.
Prosecutorial Discretion: While the law mandates a felony classification, District Attorneys retain discretion to plea these cases down to misdemeanors to manage docket loads. Corporate counsel must be prepared to aggressively advocate for felony charges to ensure the deterrent effect is realized.

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Legislative Timeline

This bill's path through the Texas Legislature

TopicsCrimes Crimes--against Property Crimes--miscellaneous Criminal Procedure Criminal Procedure--general Checks

Official Analysis

View HRO Analysis View All Bill Documents

BILL ANALYSIS

Senate Research Center	S.B. 1451
89R10172 MZM-D	By: Flores
	Criminal Justice
	3/7/2025
	As Filed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

S.B. 1451 addresses the issue of theft and fraud involving checks. The bill increases the criminal penalty for the offense of stealing or receiving a stolen check. The bill amends the Penal Code to elevate this offense from a Class A misdemeanor to a state jail felony.

Section 1 amends Section 32.24(b) of the Texas Penal Code. The amendment changes the classification of the offense of stealing or receiving a stolen check or similar sight order from a Class A misdemeanor to a state jail felony.

Section 2 specifies the applicability of the change in law. It states that the new classification applies only to offenses committed on or after the effective date of the Act. For offenses committed before this date, the law in effect at the time of the offense will continue to apply.

As proposed, S.B. 1451 amends current law relating to increasing the criminal penalty for the offense of stealing or receiving a stolen check or similar sight order.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 32.24(b), Penal Code, as follows:

(b) Provides that an offense under this section is a state jail felony, rather than a Class A misdemeanor.

SECTION 2. Makes application of this Act prospective.

SECTION 3.� This Act takes effect September 1, 2025.

Senate Authors

Sen. Peter FloresRepublican · Primary Author

House Sponsor

Rep. David CookRepublican · Primary Sponsor

Bill Text(with markup)

S.B. No. 1451

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

	AN ACT
	relating to increasing the criminal penalty for the offense of
	stealing or receiving a stolen check or similar sight order.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Section 32.24(b), Penal Code, is amended to read
	as follows:
	(b) An offense under this section is a state jail felony
	[~~Class A misdemeanor~~].
	SECTION 2. The change in law made by this Act applies only
	to an offense committed on or after the effective date of this Act.
	An offense committed before the effective date of this Act is
	governed by the law in effect on the date the offense is committed,
	and the former law is continued in effect for that purpose. For
	purposes of this section, an offense was committed before the
	effective date of this Act if any element of the offense occurred
	before that date.
	SECTION 3. This Act takes effect September 1, 2025.

LEGISLATIVE BUDGET BOARD
Austin, Texas

FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION


March 10, 2025

TO:	Honorable Pete Flores, Chair, Senate Committee on Criminal Justice

FROM:	Jerry McGinty, Director, Legislative Budget Board

IN RE:	SB1451 by Flores (Relating to increasing the criminal penalty for the offense of stealing or receiving a stolen check or similar sight order.), As Introduced

No significant fiscal implication to the State is anticipated.

The bill would increase the penalty for the offense of stealing or receiving a stolen check or similar sight order from a Class A misdemeanor to a state jail felony. It is assumed that any fiscal impact and any impact on state correctional populations or on the demand for state correctional resources would not be significant.

Local Government Impact

It is assumed that any fiscal impact to units of local government associated with enforcement, prosecution, supervision, or confinement would not be significant.

Source Agencies:

212 Office of Court Administration, Texas Judicial Council, 304 Comptroller of Public Accounts

LBB Staff:

JMc, MGol, AMr, DGI

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Frequently Asked Questions

Common questions about SB1451

What does Texas SB1451 do?

SB1451 reclassifies the theft or receipt of a stolen check from a Class A misdemeanor to a State Jail Felony, effective September 1, 2025. This legislation significantly increases the criminal liability for internal employee fraud and external mail theft, providing businesses with stronger leverage for prosecution and restitution, provided their internal evidence chains meet felony standards. Implementation Timeline Effective Date: September 1, 2025 Compliance Deadline: August 1, 2025 (Recommended target for updating Employee Handbooks and security protocols to ensure staff are on notice prior to the effective date).

Who authored SB1451?

SB1451 was authored by Texas Senator Peter Flores during the Regular Session.

When was SB1451 signed into law?

SB1451 was signed into law by Governor Greg Abbott on June 20, 2025.

Which agencies enforce SB1451?

SB1451 is enforced by Local Law Enforcement and District Attorneys/State Prosecutors.

How urgent is compliance with SB1451?

The compliance urgency for SB1451 is rated as "low". Businesses and organizations should review the requirements and timeline to ensure timely compliance.

What is the cost impact of SB1451?

The cost impact of SB1451 is estimated as "low". This may vary based on industry and implementation requirements.

What topics does SB1451 address?

SB1451 addresses topics including crimes, crimes--against property, crimes--miscellaneous, criminal procedure and criminal procedure--general.

Legislative data provided by LegiScanLast updated: November 25, 2025

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