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78R9013 EMT-F
By: Denny H.B. No. 2248
A BILL TO BE ENTITLED
AN ACT
relating to certain fraudulent criminal conduct affecting a
financial institution.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 32.21(d), Penal Code, is amended to read
as follows:
(d) An offense under this section is a state jail felony if
the writing is or purports to be a will, codicil, deed, deed of
trust, mortgage, security instrument, security agreement, credit
card, check, authorization to debit an account at a financial
institution, or similar sight order for payment of money, contract,
release, or other commercial instrument.
SECTION 2. Section 32.31(a)(4), Penal Code, is amended to
read as follows:
(4) "Debit card" means an identification card, plate,
coupon, book, number, or any other device authorizing a designated
person or bearer to communicate a request to an unmanned teller
machine or a customer convenience terminal or obtain property or
services by debit to an account at a financial institution. The
term includes the number or description of the device if the device
itself is not produced at the time of ordering or obtaining the
benefit.
SECTION 3. Section 32.31(b), Penal Code, is amended to read
as follows:
(b) A person commits an offense if:
(1) with intent to obtain a benefit fraudulently, he
presents or uses a credit card or debit card with knowledge that:
(A) the card, whether or not expired, has not
been issued to him and is not used with the effective consent of the
cardholder; or
(B) the card has expired or has been revoked or
cancelled;
(2) with intent to obtain a benefit, he uses a
fictitious credit card or debit card or the pretended number or
description of a fictitious card;
(3) he receives a benefit that he knows has been
obtained in violation of this section;
(4) he steals a credit card or debit card or, with
knowledge that it has been stolen, receives a credit card or debit
card with intent to use it, to sell it, or to transfer it to a person
other than the issuer or the cardholder;
(5) he buys a credit card or debit card from a person
who he knows is not the issuer;
(6) not being the issuer, he sells a credit card or
debit card;
(7) he uses or induces the cardholder to use the
cardholder's credit card or debit card to obtain property or
service for the actor's benefit for which the cardholder is
financially unable to pay;
(8) not being the cardholder, and without the
effective consent of the cardholder, he signs or writes his name or
the name of another on a credit card or debit card with intent to use
it;
(9) he possesses two or more incomplete credit cards
or debit cards that have not been issued to him with intent to
complete them without the effective consent of the issuer. For
purposes of this subdivision, a card is incomplete if part of the
matter that an issuer requires to appear on the card before it can
be used, other than the signature of the cardholder, has not yet
been stamped, embossed, imprinted, or written on it;
(10) being authorized by an issuer to furnish goods or
services on presentation of a credit card or debit card, he, with
intent to defraud the issuer or the cardholder, furnishes goods or
services on presentation of a credit card or debit card obtained or
retained in violation of this section or a credit card or debit card
that is forged, expired, or revoked; or
(11) being authorized by an issuer to furnish goods or
services on presentation of a credit card or debit card, he, with
intent to defraud the issuer or a cardholder, fails to furnish goods
or services that he represents in writing to the issuer that he has
furnished.
SECTION 4. Section 32.51(a)(1), Penal Code, is amended to
read as follows:
(1) "Identifying information" means information that
alone or in conjunction with other information identifies an
individual, including an individual's:
(A) name, social security number, date of birth,
and government-issued identification number;
(B) unique biometric data, including the
individual's fingerprint, voice print, and retina or iris image;
(C) unique electronic identification number,
address, and routing code, financial institution account number;
and
(D) telecommunication identifying information or
access device.
SECTION 5. (a) This Act takes effect September 1, 2003.
(b) The change in law made by this Act applies only to an
offense committed on or after the effective date of this Act. An
offense committed before the effective date of this Act is covered
by the law in effect when the offense was committed, and the former
law is continued in effect for that purpose. For purposes of this
subsection, an offense was committed before the effective date of
this Act if any element of the offense was committed before that
date.