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A BILL TO BE ENTITLED
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AN ACT
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relating to the prosecution of the offense of fraudulent use or |
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possession of identifying information. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 502.001(c), Business & Commerce Code, is |
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amended to read as follows: |
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(c) A restaurant or bar owner shall display in a prominent |
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place on the premises of the restaurant or bar a sign stating in |
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letters at least one-half inch high: "UNDER SECTION 32.51, PENAL |
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CODE, IT IS A STATE JAIL FELONY (PUNISHABLE BY CONFINEMENT IN A |
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STATE JAIL FOR NOT MORE THAN TWO YEARS) TO OBTAIN, POSSESS, |
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TRANSFER, OR USE A CUSTOMER'S DEBIT CARD OR CREDIT CARD NUMBER |
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WITHOUT THE CUSTOMER'S CONSENT OR EFFECTIVE CONSENT." |
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SECTION 2. Section 32.51(b), Penal Code, is amended to read |
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as follows: |
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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 an item of: |
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(1) identifying information of another person without |
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the other person's consent or effective consent; |
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(2) information concerning a deceased natural person, |
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including a stillborn infant or fetus, that would be identifying |
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information of that person were that person alive, if the item of |
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information is obtained, possessed, transferred, or used without |
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legal authorization; or |
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(3) identifying information of a child younger than 18 |
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years of age. |
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SECTION 3. 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 4. This Act takes effect September 1, 2019. |