HBA-NMO S.B. 46 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 46
By: Carona
Criminal Jurisprudence
3/23/1999
Engrossed



BACKGROUND AND PURPOSE 

Current law provides criminal penalties for credit card fraud and forgery,
but does not provide a criminal penalty for the behavior leading up to the
fraud. S.B. 46 provides that a person commits a state jail felony if the
person fraudulently uses or possesses the identifying information of
another person.  

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. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter D, Chapter 32, Penal Code, by adding Section
32.51, as follows:  

Sec. 32.51.  FRAUDULENT USE OR POSSESSION OF IDENTIFYING INFORMATION.
Defines "identifying information" and "telecommunication access device."
Provides that a person commits a state jail felony offense if the person
obtains, possesses, transfers, or uses identifying information of another
person without the other person's consent and with intent to harm or
defraud another.  Authorizes a court to include in restitution to the
victim any lost income or other expenses, other than attorney's fees,
incurred as a result of the offense. Authorizes the prosecution of an
offender under this section or any other applicable law. 

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.