THEA~TORNEYGENERAL 

OFTEXAS 

March 26, 1962 

Honorable Edna Cisneros Opinion NO. W-1289 

County Attorney 

Willacy County Re: Whether Section la of 

Raymondville; Texas Article 567b, Vernon's 

Penal Code, pertaining 

to the giving of "hot 

checksw for payment of 

wages or salaries for 

personal services, is 

applicable when such a 

"hot. check" is passed 

to an independent conDear Miss Clsneros: tractor or entrepreneur. 

In your letter requesting an opinion from this 

office you ask the following question:~ 

"Does Section la of Article 56i'b, Penal 

Code, pertaining to the giving of hot checks 

for payment of wages or salaries for personal 

services, apply to a check given to an independent contractor or entrepreneur?" 

With regard to this question, you submit two separate 

fact situations which are as follows: 

"A, an independent contractor, contracts 

to build an addition to an existing building 

for a certain price; down the line he runs 

short of money to pay his employees and gets 

a check as an advance on the contract price 

from the owner of the buiSding, defendant, to 

pay AIs laborers and continues with completion 

of the work. The check bounces and Is not made 

good. 

*A, trucker, has his own truck and for a 

living, hauls 25 field hands around to work and 

back; as compensation, he receives 50$ per 100 

pounds of cotton picked by the hands, or a certain percentage of whatever produce they pick; 

he receives a check from defendant payable to 
Honorable Edna Clsneros, page 2 (ml-1289) 

him, which includes his portion of the percentage 

on each field hand and,the portion going to the 

25 field workers. A takes D’s check and cashes 

it with a 3rd party, believing it to be good, 

takes out his pay and distributes the rest among 

the 25 field workers, or else receives a check 

made payable to him from defendant covering his 

portion. ” 

Section 1 was added to the “Hot Check Law”, Article 

567b, Vernop’s Penal Code, by an amendment In 1957. This 

Section readsas follows: 

“Sec. la It shall be unlawful for any 

person or persons to make, draw, utter or 

deli,ver, ‘or to cause or direct the making, 

drawing, uttering, or delivering of any check, 

draft or order for the payment of money on 

any bank, person , firm or corporation, In 

payment of wages or salaries for personal 

services rendered, knowing that the maker, 

drawer or payor does not have sufficient 

funds in or on deposit with such bank, person, 

firm.or corporation, for the payment In full 

of such.check, draft or order, as well as all 

other,than outstanding checks, draftsor 

orders upon such funds, and with no good 

reason to believe the check, draft, or order 

would be paid upon presentation to the person or bank upon which same war drawn.” 

In each of the fact situations submitted, the 

person who was the recipient of the “hot check” in the first 

instance had the status of an Independent contractor or 

entrepreneur& However, it is our opinion that this classification is not material to the applicability of Section la. 

No where in,,the provisions of this ,Sectiol-. is there any 

requirement that a recipient of a “hot check” for wages or 

salary for personal services rendered have the status of an 

independent contractor or entrepreneur. Therefore, it is 

our opinion that the question of the ap&&icability of Section 

la of Article 567b, Vernon’s Penal Code, is resolved without 

regard to whether a recipient has the status of an independent 

contractor or entrepreneur. 
Honorable Edna Cisneros, page 3 (b&l-1289) 

SUMMARY 

The question of the applicability of 

Section la of Article 567b, Vernon's 

Penal Code, is resolved without regard 

to whether a recipient of a "hot check" 

for wages or salaries for personal 

services has the status of an independent contractor or entrepreneur. 

Very truly yours, 

WILL WILSON 

Attorney General of Texas , 

1RW:mkh 

APPROVED: 

OPINION COMMITTEE 

W. V. Geppert, Chairman 

John Reeves 

Riley Eugene Fletcher 

Iola Wilcox 

REVIEWED FOR THE ATTORNEY GENERAL 

BY: Houghton Brownlee, Jr.