I have always believed that we could not file criminal charges on two party checks...writer gives to endorser who passes to another to be cashed. Had a merchant who is a major player in the community charge into my office today and challenge me on that with the typical "you are the only prosecutor in Texas who won't do this"...

Has there been a change in the law that I have overlooked??

Lisa,
Not in Hansford County. The proof required is that the person presenting the check knew that there were not sufficient funds in the account. The notice provisions set up a presumption of that knowledge. How does one prove that the second party is privy to information about the issuer's account? I have on occasion filed issuing bad check (class c) against the original issuer of the check if I know them to be chronic hot check writers.This is only something that a prosecutor in a small county could know. John

Because the endorser is likely obligated to pay the check to the transferee under sec. 3.415(a) of the Bus. & Comm. Code, an argument can be made that the appropriation from the merchant was achieved through a form of deception, if it can be proved the endorser did not intend to perform, which might be proved under 31.01(1)(E) by the fact that the endorsement was not noted as being limited under 3.415(b).

It also appears to me that the drawer (issuer) might have liability for the presumed theft from the third-party holder under 31.06(a)(2), since he need not have dealt directly with that person, he just fails to pay the holder after notice.

But, I am betting your complainant is relying on 31.06(f), which creates a presumption of intent to deprive just from passing the check, but does not answer the issue of whether the merchant's consent was effective or not.