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79R11221 KCR-D


By:  Miller, McCall, Raymond                                      H.B. No. 1574

Substitute the following for H.B. No. 1574:                                   

By:  Keel                                                     C.S.H.B. No. 1574



A BILL TO BE ENTITLED

AN ACT

relating to the offense of fraudulent use or possession of a 
person's identifying information.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  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 and[,] social security number, date of 
birth, or [and] government-issued identification number;
			(B)  unique biometric data, including the 
individual's fingerprint, voice print, or [and] retina or iris 
image;
			(C)  unique electronic identification number, 
address, [and] routing code, or financial institution account 
number; and
			(D)  telecommunication identifying information or 
access device.           
	SECTION 2.  Sections 32.51(b) and (c), Penal Code, are 
amended to read as follows:
	(b)  A person commits an offense if the person, with the 
intent to harm or defraud another, obtains, possesses, transfers, 
or uses identifying information of:
		(1)  a deceased natural person, including a stillborn 
infant or fetus, without legal authorization; or
		(2)  another person without the other person's consent 
[and with intent to harm or defraud another].
	(c)  An offense under Subsection (b)(1) is a felony of the 
third degree, and an offense under Subsection (b)(2) [this section] 
is a state jail felony.
	SECTION 3.  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 at the time the offense was committed, 
and the former law is continued in effect for that purpose.  For 
purposes of this section, an offense was committed before the 
effective date of this Act if any element of the offense was 
committed before that date.
	SECTION 4.  This Act takes effect September 1, 2005.