By Goolsby                                              H.B. No. 25
         76R1228 JMC-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the creation of the offense of fraudulent use of
 1-3     identifying information and to the recovery of damages resulting
 1-4     from conduct described by that offense.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Subchapter D, Chapter 32, Penal Code, is amended
 1-7     by adding Section 32.51 to read as follows:
 1-8           Sec. 32.51.  FRAUDULENT USE OF IDENTIFYING INFORMATION.  (a)
 1-9     In this section, "identifying information" includes a person's
1-10     name, address, date of birth, social security number, and credit
1-11     card account number.
1-12           (b)  A person commits an offense if the person:
1-13                 (1)  uses identifying information of another person
1-14     with intent to obtain a benefit fraudulently; or
1-15                 (2)  knowingly obtains identifying information of
1-16     another person to assist a third person in committing an offense
1-17     under Subsection (b)(1).
1-18           (c)  An offense under this section is a Class A misdemeanor.
1-19           SECTION 2.  Title 6, Civil Practice and Remedies Code, is
1-20     amended by adding Chapter 145 to read as follows:
1-21              CHAPTER 145.  CIVIL ACTION FOR FRAUDULENT USE OF
1-22                           IDENTIFYING INFORMATION
1-23           Sec. 145.001.  CAUSE OF ACTION.  A person who suffers
1-24     personal injury or property damage as a result of conduct described
 2-1     by Section 32.51, Penal Code, may bring an action to recover
 2-2     damages resulting from that conduct.
 2-3           Sec. 145.002.  DAMAGES.  A person who establishes a cause of
 2-4     action under this chapter is entitled to:
 2-5                 (1)  actual damages;
 2-6                 (2)  exemplary damages; and
 2-7                 (3)  reasonable attorney's fees and court costs.
 2-8           SECTION 3.  Section 2 of this Act applies only to a cause of
 2-9     action that accrues on or after the effective date of this Act.  An
2-10     action that  accrued before the effective date of this Act is
2-11     governed by the law in effect at the time the action accrued, and
2-12     that law is continued in effect for that purpose.
2-13           SECTION 4.  This Act takes effect September 1, 1999.
2-14           SECTION 5.  The importance of this legislation and the
2-15     crowded condition of the calendars in both houses create an
2-16     emergency and an imperative public necessity that the
2-17     constitutional rule requiring bills to be read on three several
2-18     days in each house be suspended, and this rule is hereby suspended.