1-1     By:  Carona                                             S.B. No. 46
 1-2           (In the Senate - Filed November 9, 1998; January 26, 1999,
 1-3     read first time and referred to Committee on Criminal Justice;
 1-4     February 22, 1999, reported favorably, as amended, by the following
 1-5     vote:  Yeas 7, Nays 0; February 22, 1999, sent to printer.)
 1-6     COMMITTEE AMENDMENT NO. 1                               By:  Duncan
 1-7     Amend S.B. No. 46 in SECTION 1 of the bill, following Subsection
 1-8     (d) in added Section 32.51, Penal Code (introduced version, page 1,
 1-9     between lines 52 and 53), by inserting the following:
1-10           (e)  If conduct that constitutes an offense under this
1-11     section also constitutes an offense under any other law, the actor
1-12     may be prosecuted under this section or the other law.
1-13                            A BILL TO BE ENTITLED
1-14                                   AN ACT
1-15     relating to the creation of the offense of fraudulent use or
1-16     possession of identifying information.
1-17           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-18           SECTION 1.  Subchapter D, Chapter 32, Penal Code, is amended
1-19     by adding Section 32.51 to read as follows:
1-20           Sec. 32.51.  FRAUDULENT USE OR POSSESSION OF IDENTIFYING
1-21     INFORMATION.  (a)  In this section:
1-22                 (1)  "Identifying information" means information that
1-23     alone or in conjunction with other information identifies an
1-24     individual, including an individual's:
1-25                       (A)  name, social security number, date of birth,
1-26     and government-issued identification number;
1-27                       (B)  unique biometric data, including the
1-28     individual's fingerprint, voice print, and retina or iris image;
1-29                       (C)  unique electronic identification number,
1-30     address, and routing code; and
1-31                       (D)  telecommunication identifying information or
1-32     access device.
1-33                 (2)  "Telecommunication access device" means a card,
1-34     plate, code, account number, personal identification number,
1-35     electronic serial number, mobile identification number, or other
1-36     telecommunications service, equipment, or instrument identifier  or
1-37     means of account access that alone or in conjunction with another
1-38     telecommunication access device may be used to:
1-39                       (A)  obtain money, goods, services, or other
1-40     thing of value; or
1-41                       (B)  initiate a transfer of funds other than a
1-42     transfer originated solely by paper instrument.
1-43           (b)  A person commits an offense if the person obtains,
1-44     possesses, transfers, or uses identifying information of another
1-45     person without the other person's consent and with intent to harm
1-46     or defraud another.
1-47           (c)  An offense under this section is a state jail felony.
1-48           (d)  If a court orders a defendant convicted of an offense
1-49     under this section to make restitution to the victim of the
1-50     offense, the court may order the defendant to reimburse the victim
1-51     for lost income or other expenses, other than attorney's fees,
1-52     incurred as a result of the offense.
1-53           SECTION 2.  This Act takes effect September 1, 1999.
1-54           SECTION 3.  The importance of this legislation and the
1-55     crowded condition of the calendars in both houses create an
1-56     emergency and an imperative public necessity that the
1-57     constitutional rule requiring bills to be read on three several
1-58     days in each house be suspended, and this rule is hereby suspended.
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