79R1707 AJA-D

By:  Jones of Dallas                                              H.B. No. 1379



A BILL TO BE ENTITLED

AN ACT

relating to the admissibility in a civil action of certain 
information relating to identify theft.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter C, Chapter 18, Civil Practice and 
Remedies Code, is amended by adding Section 18.062 to read as 
follows:
	Sec. 18.062.  CERTAIN INFORMATION RELATING TO IDENTITY 
THEFT.  (a)  In this section, "communication" means:
		(1)  a statement; or                                                   
		(2)  a writing.                                                        
	(b)  A court in a civil action may not admit a communication 
that:    
		(1)  is made by a seller of goods or services, or an 
employee or agent of the seller, to a member of a law enforcement 
agency regarding an investigation by the law enforcement agency of 
an alleged violation of Section 32.51, Penal Code (fraudulent use 
or possession of identifying information), by a person other than 
the seller or the employee or agent; and
		(2)  is offered to prove liability of the seller or the 
employee or agent for damages arising out of the alleged violation.
	SECTION 2.  The change in law made by this Act applies to the 
admissibility of information in a proceeding that begins on or 
after the effective date of this Act.  The admissibility of 
information in a proceeding that begins before the effective date 
of this Act is governed by the law in effect immediately before the 
effective date of this Act, and that law is continued in effect for 
that purpose.
	SECTION 3.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.