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.
S.B. No. 46
________________________________ ________________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 46 passed the Senate on
February 25, 1999, by a viva-voce vote; May 25, 1999, Senate
refused to concur in House amendment and requested appointment of
Conference Committee; May 26, 1999, House granted request of the
Senate; May 29, 1999, Senate adopted Conference Committee Report by
a viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 46 passed the House, with
amendment, on May 8, 1999, by a non-record vote; May 26, 1999,
House granted request of the Senate for appointment of Conference
Committee; May 29, 1999, House adopted Conference Committee Report
by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
________________________________
Date
________________________________
Governor