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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of an electronic recovery and access to data |
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prepaid card reader to seize forfeitable property. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 59, Code of Criminal Procedure, is |
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amended by adding Article 59.035 to read as follows: |
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Art. 59.035. SEIZURE OF MONEY BY ELECTRONIC RECOVERY AND |
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ACCESS TO DATA PREPAID CARD READER PROHIBITED. (a) In this article: |
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(1) "Debit card" has the meaning assigned by Section |
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502.001, Business & Commerce Code. |
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(2) "Electronic recovery and access to data prepaid |
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card reader" means a handheld device that uses wireless |
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connectivity to check the balance of a debit card or stored value |
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card. |
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(3) "Stored value card" has the meaning assigned by |
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Section 604.001, Business & Commerce Code. |
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(b) A law enforcement agency may not use an electronic |
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recovery and access to data prepaid card reader to seize from a |
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stored value card or a depository account funds that are subject to |
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forfeiture under this chapter unless the seizure is authorized by a |
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search or seizure warrant. |
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SECTION 2. This Act takes effect September 1, 2017. |