79R8192 KCR-F

By:  Raymond                                                      H.B. No. 2358



A BILL TO BE ENTITLED

AN ACT

relating to the offense of identity theft by electronic device and 
to notice to certain persons of the penalties associated with that 
offense.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Sections 35.58(b) and (c), Business & Commerce 
Code, as added by Chapter 649, Acts of the 78th Legislature, Regular 
Session, 2003, are amended to read as follows:
	(b)  A person commits an offense if the person, with intent 
to harm or defraud another:
		(1)  possesses a scanning device or re-encoder; or                     
		(2)  uses a scanning device or re-encoder to access, 
read, scan, store, or transfer information encoded on the magnetic 
strip of a payment card without the consent of an authorized user of 
the payment card [and with intent to harm or defraud another].
	(c)  An offense under this section is a state jail felony
[Class B misdemeanor].
	SECTION 2.  Section 106.14(b), Alcoholic Beverage Code, is 
amended to read as follows:
	(b)  The commission shall adopt rules or policies 
establishing the minimum requirements for approved seller training 
programs. The commission shall require, as a condition for 
approval, that all seller training programs include information 
concerning the elements of and penalties for criminal offenses 
involving credit cards, debit cards, and identity theft, including 
information concerning the offenses under Section 35.58, Business &
Commerce Code (identity theft by electronic device), as added by 
Chapter 649, Acts of the 78th Legislature, Regular Session, 2003, 
and Section 32.51, Penal Code (fraudulent use or possession of 
identifying information). Upon application, the commission shall 
approve seller training programs meeting such requirements that are 
sponsored either privately, by public community colleges, or by 
public or private institutions of higher education that offer a 
four-year undergraduate program and a degree or certificate in 
hotel or motel management, restaurant management, or travel or 
tourism management.  The commission may charge an application fee 
to be set by the commission in such amount as is necessary to defray 
the expense of processing the application.
	SECTION 3.  (a)  The change in law made by this Act to Section 
35.58, Business & Commerce Code, as added by Chapter 649, Acts of 
the 78th Legislature, Regular Session, 2003, 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.
	(b)  The change in law made by this Act to Section 106.14(b), 
Alcoholic Beverage Code, applies only to a seller training program 
that is conducted on or after January 1, 2006.
	SECTION 4.  This Act takes effect September 1, 2005.