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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.