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78R3671 RCJ-D

By:  Riddle                                                       H.B. No. 2407



A BILL TO BE ENTITLED

AN ACT

relating to the prevention of, and to assistance provided to 
certain victims of, identity theft; providing civil penalties.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Title 4, Business & Commerce Code, is amended by  
adding Chapter 46 to read as follows:
		CHAPTER 46.  IDENTITY THEFT AND PROTECTION                             
			SUBCHAPTER A.  GENERAL PROVISIONS                                     
	Sec. 46.001.  DEFINITIONS.  In this chapter:                            
		(1)  "Identifying information" has the meaning 
assigned by Section 32.51, Penal Code.
		(2)  "Peace officer" has the meaning assigned by 
Section 1.07, Penal Code.
		(3)  "Required identifying information" means  a copy 
of:            
			(A)  a police report evidencing the filing of a 
criminal complaint alleging commission of an offense under Section 
32.51, Penal Code, or a copy of a record created under Section 
411.0421, Government Code; and
			(B)  identifying information used by the alleged 
perpetrator of an offense under Section 32.51, Penal Code.

[Sections 46.002-46.100 reserved for expansion]

SUBCHAPTER B.  IDENTITY THEFT AND PROTECTION
	Sec. 46.101.  DUTY TO PROVIDE INFORMATION TO CONSUMER.  (a)  
On a request and with required identifying information provided by 
a consumer, a person that engages in business with another person 
who allegedly used the consumer's identifying information shall 
disclose without charge to the consumer or a peace officer, not 
later than the 10th business day after the date on which the person 
receives the request:
		(1)  a copy of any application or transactional 
information related to an alleged violation of Section 32.51, Penal 
Code; and
		(2)  to the extent available, the identifying 
information of the consumer that the person who allegedly 
impersonated the consumer used to participate in the transaction or 
complete the application or information related to the use of that 
information.
	(b)  Before a person is required to disclose information 
under Subsection (a) to a peace officer, the person may require the 
consumer to submit a written statement dated and signed by the 
consumer.  The statement must:
		(1)  state that the consumer may revoke authorization 
of the disclosure at any time before the disclosure is made;
		(2)  authorize the disclosure for a certain period of 
time;          
		(3)  specify the name of the agency or department to 
whom the disclosure is authorized; and
		(4)  identify the information that is requested to be 
disclosed.     
	(c)  A person may not be held liable under this section if the 
person does not make a disclosure to a peace officer because a 
consumer fails to provide the authorization requested by the person 
as permitted by Subsection (b).
	(d)  A person who violates this section  is liable to the 
state for a civil penalty in an amount not to exceed $250 for each 
violation.  The attorney general or the prosecuting attorney in the 
county in which the violation occurs may bring suit to recover the 
civil penalty imposed under this section.
	Sec. 46.102.  BUSINESS RECEIPT CONTAINING DEBIT OR CREDIT 
CARD INFORMATION.  (a)  This section does not apply to a 
transaction in which the sole means of recording a person's debit or 
credit card account number on a receipt or other document 
evidencing the transaction is by handwriting or by an imprint or 
copy of the debit or credit card.
	(b)  A person that accepts a debit or credit card for the 
transaction of business may not use a cash register or other machine 
to print a receipt or other document that evidences the transaction 
unless at least four digits of the cardholder's credit card account 
number or debit card account number are omitted from the receipt or 
document.
	(c)  A person who violates this section is liable to the 
state for a civil penalty in an amount not to exceed $500 for each 
calendar month during which a violation occurs. The civil penalty 
may not be imposed for more than one violation that occurs in a 
month.
	(d)  The attorney general or the prosecuting attorney in the 
county in which the violation occurs may bring suit to recover the 
civil penalty imposed under Subsection (c).
	SECTION 2.  (a)  Except as provided by Subsection (b) of this 
section, this Act takes effect September 1, 2003.
	(b)  Section 46.102, Business & Commerce Code, as added by 
this Act, takes effect January 1, 2004.