BILL ANALYSIS

Senate Research Center                                                                                                       H.B. 460

                                                                                                                By: Miller, Aycock (Hegar)

Criminal Justice

5/13/2007

Engrossed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

Currently, it is an offense for a person to possess or use another person's identifying information with the intent to harm or defraud another.  However, no such protections are provided for the use or possession of the identifying information of a deceased person.

H.B. 460 provides that it is an offense if a person obtains, possesses, transfers, or uses any identifying information of a deceased person with the intent to harm or defraud another. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 32.51(a)(1), Penal Code, by redefining "identifying information." 

SECTION 2.  Amends Section 32.51(b), Penal Code, as follows:

(b)  Provides that a person commits an offense if the person, with the intent to harm or defraud another, obtains, possesses, transfers, or uses identifying information of a deceased natural person, including a stillborn infant, without legal authorization.  Makes a conforming deletion.

SECTION 3.  Makes application of this Act prospective. 

SECTION 4.  Effective date: September 1, 2007.