By:  Carona                                             S.B. No. 46
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to the creation of the offense of fraudulent use or
 1-2     possession of identifying information.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Subchapter D, Chapter 32, Penal Code, is amended
 1-5     by adding Section 32.51 to read as follows:
 1-6           Sec. 32.51.  FRAUDULENT USE OR POSSESSION OF IDENTIFYING
 1-7     INFORMATION.  (a)  In this section:
 1-8                 (1)  "Identifying information" means information that
 1-9     alone or in conjunction with other information identifies an
1-10     individual, including an individual's:
1-11                       (A)  name, social security number, date of birth,
1-12     and government-issued identification number;
1-13                       (B)  unique biometric data, including the
1-14     individual's fingerprint, voice print, and retina or iris image;
1-15                       (C)  unique electronic identification number,
1-16     address, and routing code; and
1-17                       (D)  telecommunication identifying information or
1-18     access device.
1-19                 (2)  "Telecommunication access device" means a card,
1-20     plate, code, account number, personal identification number,
1-21     electronic serial number, mobile identification number, or other
1-22     telecommunications service, equipment, or instrument identifier  or
1-23     means of account access that alone or in conjunction with another
1-24     telecommunication access device may be used to:
 2-1                       (A)  obtain money, goods, services, or other
 2-2     thing of value; or
 2-3                       (B)  initiate a transfer of funds other than a
 2-4     transfer originated solely by paper instrument.
 2-5           (b)  A person commits an offense if the person obtains,
 2-6     possesses, transfers, or uses identifying information of another
 2-7     person without the other person's consent and with intent to harm
 2-8     or defraud another.
 2-9           (c)  An offense under this section is a state jail felony.
2-10           (d)  If a court orders a defendant convicted of an offense
2-11     under this section to make restitution to the victim of the
2-12     offense, the court may order the defendant to reimburse the victim
2-13     for lost income or other expenses, other than attorney's fees,
2-14     incurred as a result of the offense.
2-15           (e)  If conduct that constitutes an offense under this
2-16     section also constitutes an offense under any other law, the actor
2-17     may be prosecuted under this section or the other law.
2-18           SECTION 2.  This Act takes effect September 1, 1999.
2-19           SECTION 3.  The importance of this legislation and the
2-20     crowded condition of the calendars in both houses create an
2-21     emergency and an imperative public necessity that the
2-22     constitutional rule requiring bills to be read on three several
2-23     days in each house be suspended, and this rule is hereby suspended.