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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the criminal offense of fraudulent use, |
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possession, or tampering with gift cards or gift card data. |
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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 32.316 to read as follows: |
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Sec. 32.316. FRAUDULENT USE, POSSESSION, OR TAMPERING WITH |
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GIFT CARDS OR GIFT CARD DATA. (a) In this section: |
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(1) "Counterfeit gift card" means a gift card that: |
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(A) purports on its face to have been issued by an |
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issuer that did not issue the card; |
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(B) has been altered to contain a digital imprint |
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other than that which was placed on the card by the issuer; |
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(C) contains a digital imprint with information |
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differing from that which is printed or embossed on the card by the |
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issuer; or |
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(D) has been altered to change the information on |
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the face of the gift card from that which was printed or embossed on |
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the card by the issuer. |
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(2) "Digital imprint" means the digital data placed on |
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a gift card's magnetic strip or chip. |
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(3) "Gift card" means a card entitling the holder to |
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receive goods or services of a specified value from the issuer. |
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(4) "Owner" means, with reference to a gift card: |
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(A) a retailer, if the gift card has not been |
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activated; or |
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(B) a purchaser, if the gift card has been |
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purchased and activated by a retailer. |
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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, without the consent of the owner: |
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(1) removes a gift card from a retail location without |
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first activating the gift card at the point of sale; |
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(2) transports an un-activated gift card that was |
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previously acquired unlawfully into a retail location that sells |
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gift cards and places or attempts to place the gift card on a gift |
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card rack, kiosk, or any other display in a manner that would entice |
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the public to purchase the gift card; |
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(3) possesses the data stored on the digital imprint |
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of a gift card without first purchasing the gift card; or |
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(4) possesses, transports, or uses a counterfeit gift |
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card. |
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(c) If an actor possesses three or more un-activated gift |
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cards, counterfeit gift cards, or digital imprints of gift cards |
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that have not been purchased, a rebuttable presumption exists that |
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the actor possesses each item without the consent of the owner. |
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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 governmental |
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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 actor engaged in conduct |
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described by Subsection (b) with respect to fewer than five |
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un-activated gift cards, counterfeit gift cards, or digital |
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imprints of gift cards; |
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(2) a felony of the third degree if the actor engaged |
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in conduct described by Subsection (b) with respect to 5 or more but |
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fewer than 10 un-activated gift cards, counterfeit gift cards, or |
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digital imprints of gift cards; |
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(3) a felony of the second degree if the actor engaged |
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in conduct described by Subsection (b) with respect to 10 or more |
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but fewer than 50 un-activated gift cards, counterfeit gift cards, |
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or digital imprints of gift cards; or |
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(4) a felony of the first degree if the actor engaged |
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in conduct described by Subsection (b) with respect to 50 or more |
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un-activated gift cards, counterfeit gift cards, or digital |
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imprints of gift cards. |
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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. This Act takes effect September 1, 2025. |