|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the financial crimes intelligence center. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 2312.001, Occupations Code, is amended |
|
by adding Subdivisions (4-a) and (4-b) and amending Subdivision (5) |
|
to read as follows: |
|
(4-a) "Motor fuel manipulation device" means a |
|
mechanism manufactured, assembled, or adapted to manipulate or |
|
alter a motor fuel metering device or a motor fuel unattended |
|
payment terminal for an unlawful purpose. |
|
(4-b) "Motor fuel theft" means an act that: |
|
(A) constitutes an offense under Section 31.03, |
|
Penal Code; and |
|
(B) qualifies for an affirmative finding of motor |
|
fuel theft under Article 42.019, Code of Criminal Procedure. |
|
(5) "Skimmer" means an electronic, mechanical, or |
|
other device that may be used to unlawfully intercept electronic |
|
communications or data to perpetrate card fraud. The term includes |
|
a credit card shimmer. |
|
SECTION 2. Section 2312.052, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 2312.052. PURPOSES OF CENTER. The purposes of the |
|
center are to: |
|
(1) serve as the state's primary entity for the |
|
planning, coordination, and integration of law enforcement |
|
agencies and other governmental agencies that respond to criminal |
|
activity related to card fraud, including through the use of |
|
skimmers, and motor fuel theft; and |
|
(2) maximize the ability of the department, law |
|
enforcement agencies, and other governmental agencies to detect, |
|
prevent, and respond to criminal activities related to card fraud |
|
and motor fuel theft. |
|
SECTION 3. Section 2312.054, Occupations Code, is amended |
|
by amending Subsections (b) and (c) and adding Subsection (b-1) to |
|
read as follows: |
|
(b) The center shall assist law enforcement agencies, other |
|
governmental agencies, financial institutions, credit card |
|
issuers, debit card issuers, payment card networks, institutions of |
|
higher education, and merchants in their efforts to develop and |
|
implement strategies to: |
|
(1) detect skimmers and motor fuel manipulation |
|
devices; |
|
(2) ensure an effective response if a skimmer or motor |
|
fuel manipulation device is found; and |
|
(3) prevent card fraud and motor fuel theft. |
|
(b-1) On request of a law enforcement or other governmental |
|
agency, the center may provide assistance to that agency regarding |
|
any matter within the center's expertise. |
|
(c) The center may: |
|
(1) serve as a centralized collection point for |
|
information related to card fraud and motor fuel theft; |
|
(2) provide training and educational opportunities to |
|
law enforcement; |
|
(3) provide outreach to the public; and |
|
(4) release information to affected financial |
|
institutions, credit card issuers, debit card issuers, payment card |
|
networks, institutions of higher education, and merchants if the |
|
center does not consider the information to be sensitive to law |
|
enforcement. |
|
SECTION 4. Section 2312.055(b), Occupations Code, is |
|
amended to read as follows: |
|
(b) The report must include: |
|
(1) a plan of operation for the center and an estimate |
|
of the amount of money necessary to implement that plan; |
|
(2) an assessment of the current state of card fraud |
|
and motor fuel theft in this state, including: |
|
(A) an identification of the geographic |
|
locations in this state that have the highest statistical |
|
probability for card fraud and motor fuel theft; and |
|
(B) a summary of card fraud and motor fuel theft |
|
statistics for the year in which the report is filed; |
|
(3) a detailed plan of operation for combatting card |
|
fraud and motor fuel theft; |
|
(4) a communications plan for outreach to law |
|
enforcement agencies, financial institutions, credit card issuers, |
|
debit card issuers, payment card networks, merchants, and the |
|
public; and |
|
(5) a list of expenditures made since the most recent |
|
report was filed with the department. |
|
SECTION 5. Section 2312.102(b), Occupations Code, is |
|
amended to read as follows: |
|
(b) A grant recipient may use grant money to: |
|
(1) reduce card fraud by removing skimmers; |
|
(2) purchase or upgrade fraud deterrence equipment, |
|
including unique locking systems, cameras, and lights; |
|
(3) provide training opportunities regarding |
|
skimmers; and |
|
(4) conduct public outreach regarding card fraud and |
|
motor fuel theft. |
|
SECTION 6. This Act takes effect September 1, 2025. |