# THEA~TORNEYGENERAL
OFTEXAS

March 26, 1962

Honorable EdnaCisneros 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 whensuch a "hot. check" is passed to anindependent 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 acheck given to an independent contractor or entrepreneur?" With regard to this question, you submit two separate fact situations which are as follows:

"A, anindependent contractor, contracts to build anaddition to anexisting building for a certain price; downthe line he runs short of moneyto pay his employees andgets a check as anadvance 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 owntruck and for a living, hauls 25field hands around to work and back; as compensation, he receives 50$ per 100 pounds of cotton picked by the hands, or acertain percentage of whatever produce they pick; he receives a check from defendant payable toHonorable EdnaClsneros, page 2 (ml-1289)

him, which includes his portion of the percentage on each field hand and,the portion going to the 25field workers. Atakes D’s check and cashes it with a 3rd party, believing it to be good, takes out his pay anddistributes the rest among the 25field workers, or else receives a check madepayable to himfrom defendant covering his portion. ”
Section 1was added to the “Hot Check Law”, Article 567b, Vernop’s Penal Code, by anamendment 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 moneyon anybank, 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 ondeposit 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, andwith nogood reason to believe the check, draft, or order would be paid upon presentation to the person or bank upon which samewar drawn.”
In each of the fact situations submitted, the person whowas the recipient of the “hot check” in the first instance had the status of anIndependent contractor or entrepreneur& However, it is our opinion that this classification is not material to the applicability of Section la. Nowhere in,,the provisions of this ,Sectiol-. is there any requirement that arecipient 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 arecipient has the status of an independent contractor or entrepreneur.Honorable EdnaCisneros, 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 anindependent contractor or entrepreneur. Very truly yours, WILLWILSON Attorney General of Texas
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APPROVED: OPINIONCOMMITTEE
W.V. Geppert, Chairman John Reeves Riley Eugene Fletcher Iola Wilcox
REVIEWED

FORTHEATTORNEY GENERAL BY: Houghton Brownlee, Jr.