79R4396 HLT-D

By:  Reyna                                                        H.B. No. 982



A BILL TO BE ENTITLED

AN ACT

relating to posting a sign warning restaurant 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 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 that accepts 
credit cards or debit cards from customers in the ordinary course of 
business.
	(c)  A restaurant owner shall display in a prominent place on 
the premises of the restaurant 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 owner shall display the sign in English and 
in another language spoken by a substantial portion of the 
employees of the restaurant as their familiar language.
	(e)  A restaurant 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.
	SECTION 2.  This Act takes effect September 1, 2005.