79R8703 KCR-D

By:  West, Royce                                                  S.B. No. 1182



A BILL TO BE ENTITLED

AN ACT

relating to the fraudulent use or possession of a person's 
identifying information and to certain fictitious documents.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 32.51, Penal Code, is amended by 
amending Subsections (b), (c), and (e) and adding Subsection (f) to 
read as follows:
	(b)  A person commits an offense if the person:                         
		(1)  obtains, possesses, transfers, or uses 
identifying information of another person without the other 
person's consent and with intent to harm or defraud another; or
		(2)  possesses two or more documents or instruments, at 
least one of which purports to identify the actor as the person 
described or pictured in the document or instrument, and each of 
which contains:
			(A)  identifying information of a person other 
than the actor; or   
			(B)  information that the actor falsely purports 
to be the actor's identifying information.
	(c)  An offense under this section is a state jail felony, 
except that the offense is a felony of the third degree if it is 
shown on the trial of the offense that the defendant has been 
previously convicted of an offense under this section.
	(e)  Except as provided by this subsection, if [If] conduct 
that constitutes an offense under this section also constitutes an 
offense under any other law, the actor may be prosecuted under this 
section or the other law.  If conduct that constitutes an offense 
under Subsection (b)(2) also constitutes an offense under Section 
521.453(a), Transportation Code, the actor may be prosecuted only 
under Section 521.453(a), Transportation Code.
	(f)  It is a defense to prosecution under Subsection 
(b)(2)(A) that the actor had the consent of the other person to 
possess that person's identifying information.
	SECTION 2.  Section 521.453(d), Transportation Code, is 
amended to read as follows:
	(d)  For purposes of this section, an offense under 
Subsection (a) is a Class C misdemeanor.  If conduct that 
constitutes an offense under Subsection (a) also constitutes an 
offense under Section 32.51(b)(2), Penal Code, the actor may not be 
prosecuted under Section 32.51(b)(2), Penal Code.
	SECTION 3.  (a)  The change in law made by this Act applies 
only to an offense committed on or after the effective date of this 
Act.  For the purposes of this section, an offense was committed 
before the effective date of this Act if any element of the offense 
occurred before that date.
	(b)  An offense committed before the effective date of this 
Act is governed by the law in effect when the offense was committed, 
and the former law is continued in effect for that purpose.
	SECTION 4.  This Act takes effect September 1, 2005.