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A BILL TO BE ENTITLED
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AN ACT
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relating to creating the criminal offense of fraudulent use or |
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possession of credit card or debit card information. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 32, Penal Code, is amended |
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by adding Section 32.315 to read as follows: |
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Sec. 32.315. FRAUDULENT USE OR POSSESSION OF CREDIT CARD OR |
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DEBIT CARD INFORMATION. (a) In this section: |
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(1) "Counterfeit credit card or debit card" means a: |
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(A) credit card or debit card that: |
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(i) purports on its face to have been issued |
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by an issuer that did not issue the card; |
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(ii) has been altered to contain a digital |
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imprint other than that which was placed on the card by the issuer; |
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(iii) contains a digital imprint with |
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account information or account holder information differing from |
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that which is printed or embossed on the card; or |
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(iv) has been altered to change the account |
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information or account holder information on the face of the card |
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from that which was printed or embossed on the card by the issuer; |
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or |
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(B) card, other than one issued as a credit card |
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or debit card, that has been altered to contain the digital imprint |
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of a credit card or debit card. |
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(2) "Credit card" and "debit card" have the meanings |
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assigned by Section 32.31. |
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(3) "Digital imprint" means the digital data placed on |
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a credit card or debit card or on a counterfeit credit card or debit |
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card. |
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(b) A person commits an offense if the person, with the |
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intent to harm or defraud another, obtains, possesses, transfers, |
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or uses: |
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(1) a counterfeit credit card or debit card; |
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(2) the number and expiration date of a credit card or |
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debit card without the consent of the account holder; or |
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(3) the data stored on the digital imprint of a credit |
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card or debit card without the consent of the account holder. |
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(c) If an actor possessed five or more of an item described |
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by Subsection (b)(2) or (3), a rebuttable presumption exists that |
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the actor possessed each item without the consent of the account |
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holder. |
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(d) The presumption established under Subsection (c) does |
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not apply to a business or other commercial entity or a government |
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agency that is engaged in a business activity or governmental |
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function that does not violate a penal law of this state. |
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(e) An offense under this section is: |
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(1) a state jail felony if the number of items |
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obtained, possessed, transferred, or used is less than five; |
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(2) a felony of the third degree if the number of items |
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obtained, possessed, transferred, or used is five or more but less |
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than 10; |
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(3) a felony of the second degree if the number of |
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items obtained, possessed, transferred, or used is 10 or more but |
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less than 50; or |
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(4) a felony of the first degree if the number of items |
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obtained, possessed, transferred, or used is 50 or more. |
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(f) If a court orders a defendant convicted of an offense |
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under this section to make restitution to a victim of the offense, |
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the court may order the defendant to reimburse the victim for lost |
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income or other expenses, other than attorney's fees, incurred as a |
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result of the offense. |
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(g) If conduct that constitutes an offense under this |
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section also constitutes an offense under any other law, the actor |
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may be prosecuted under this section, the other law, or both. |
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SECTION 2. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 3. This Act takes effect September 1, 2019. |
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