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A BILL TO BE ENTITLED
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AN ACT
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relating to the financial crimes intelligence center. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2312.001, Occupations Code, is amended |
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by adding Subdivisions (4-a) and (4-b) and amending Subdivision (5) |
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to read as follows: |
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(4-a) "Motor fuel manipulation device" means a |
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mechanism manufactured, assembled, or adapted to manipulate or |
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alter a motor fuel metering device or a motor fuel unattended |
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payment terminal for an unlawful purpose. |
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(4-b) "Motor fuel theft" means an act that: |
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(A) constitutes an offense under Section 31.03, |
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Penal Code; and |
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(B) qualifies for an affirmative finding of motor |
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fuel theft under Article 42.019, Code of Criminal Procedure. |
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(5) "Skimmer" means an electronic, mechanical, or |
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other device that may be used to unlawfully intercept electronic |
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communications or data to perpetrate card fraud. The term includes |
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a credit card shimmer. |
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SECTION 2. Section 2312.052, Occupations Code, is amended |
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to read as follows: |
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Sec. 2312.052. PURPOSES OF CENTER. The purposes of the |
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center are to: |
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(1) serve as the state's primary entity for the |
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planning, coordination, and integration of law enforcement |
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agencies and other governmental agencies that respond to criminal |
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activity related to card fraud, including through the use of |
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skimmers, and motor fuel theft; and |
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(2) maximize the ability of the department, law |
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enforcement agencies, and other governmental agencies to detect, |
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prevent, and respond to criminal activities related to card fraud |
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and motor fuel theft. |
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SECTION 3. Section 2312.054, Occupations Code, is amended |
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by amending Subsections (b) and (c) and adding Subsection (b-1) to |
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read as follows: |
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(b) The center shall assist law enforcement agencies, other |
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governmental agencies, financial institutions, credit card |
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issuers, debit card issuers, payment card networks, institutions of |
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higher education, and merchants in their efforts to develop and |
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implement strategies to: |
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(1) detect skimmers and motor fuel manipulation |
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devices; |
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(2) ensure an effective response if a skimmer or motor |
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fuel manipulation device is found; and |
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(3) prevent card fraud and motor fuel theft. |
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(b-1) On request of a law enforcement or other governmental |
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agency, the center may provide assistance to that agency regarding |
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any matter within the center's expertise. |
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(c) The center may: |
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(1) serve as a centralized collection point for |
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information related to card fraud and motor fuel theft; |
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(2) provide training and educational opportunities to |
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law enforcement; |
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(3) provide outreach to the public; and |
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(4) release information to affected financial |
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institutions, credit card issuers, debit card issuers, payment card |
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networks, institutions of higher education, and merchants if the |
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center does not consider the information to be sensitive to law |
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enforcement. |
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SECTION 4. Section 2312.055(b), Occupations Code, is |
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amended to read as follows: |
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(b) The report must include: |
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(1) a plan of operation for the center and an estimate |
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of the amount of money necessary to implement that plan; |
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(2) an assessment of the current state of card fraud |
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and motor fuel theft in this state, including: |
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(A) an identification of the geographic |
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locations in this state that have the highest statistical |
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probability for card fraud and motor fuel theft; and |
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(B) a summary of card fraud and motor fuel theft |
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statistics for the year in which the report is filed; |
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(3) a detailed plan of operation for combatting card |
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fraud and motor fuel theft; |
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(4) a communications plan for outreach to law |
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enforcement agencies, financial institutions, credit card issuers, |
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debit card issuers, payment card networks, merchants, and the |
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public; and |
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(5) a list of expenditures made since the most recent |
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report was filed with the department. |
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SECTION 5. Section 2312.102(b), Occupations Code, is |
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amended to read as follows: |
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(b) A grant recipient may use grant money to: |
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(1) reduce card fraud by removing skimmers; |
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(2) purchase or upgrade fraud deterrence equipment, |
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including unique locking systems, cameras, and lights; |
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(3) provide training opportunities regarding |
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skimmers; and |
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(4) conduct public outreach regarding card fraud and |
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motor fuel theft. |
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SECTION 6. This Act takes effect September 1, 2023. |