79R8190 HLT-D


By:  Reyna                                                        H.B. No. 982

Substitute the following for H.B. No. 982:                                    

By:  Solomons                                                 C.S.H.B. No. 982



A BILL TO BE ENTITLED

AN ACT

relating to posting a sign warning restaurant or bar employees 
against fraudulent use or possession of identifying information; 
providing a criminal penalty.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter D, Chapter 35, Business & Commerce 
Code, is amended by adding Section 35.60 to read as follows:
	Sec. 35.60.  WARNING SIGN ABOUT IDENTITY THEFT FOR 
RESTAURANT OR BAR EMPLOYEES.  (a)  In this section:
		(1)  "Credit card" means an identification card, plate, 
coupon, book, number, or any other device authorizing a designated 
person or bearer to obtain property or service on credit.
		(2)  "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.
	(b)  This section applies only to a restaurant or bar that 
accepts credit cards or debit cards from customers in the ordinary 
course of business.
	(c)  A restaurant or bar owner shall display in a prominent 
place on the premises of the restaurant or bar a sign stating in 
letters at least two inches high:  "UNDER SECTION 32.51, PENAL CODE, 
IT IS A STATE JAIL FELONY (PUNISHABLE BY CONFINEMENT IN A STATE JAIL 
FOR NOT MORE THAN TWO YEARS) TO OBTAIN, POSSESS, TRANSFER, OR USE A 
CUSTOMER'S DEBIT CARD OR CREDIT CARD NUMBER WITHOUT THE CUSTOMER'S 
CONSENT."
	(d)  A restaurant or bar owner shall display the sign in 
English and in another language spoken by a substantial portion of 
the employees of the restaurant or bar as their familiar language.
	(e)  A restaurant or bar owner who fails to comply with this 
section commits an offense.  An offense under this subsection is a 
misdemeanor punishable by a fine of not more than $25.
	(f)  It is a defense to prosecution under this section that 
the person charged produces to the court satisfactory evidence that 
the person displayed a sign as required by Subsection (c) not later 
than 48 hours after the person received a citation for an offense 
under Subsection (e).  If the court is satisfied with the evidence 
produced by the person, the court shall dismiss the charge.
	SECTION 2.  This Act takes effect September 1, 2005.