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. 1-59 * * * * *