82R7459 MAW-D
By: McClendon H.B. No. 1215
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the offense of unauthorized acquisition
or transfer of certain financial information.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 31, Penal Code, is amended by adding
Section 31.17 to read as follows:
Sec. 31.17. UNAUTHORIZED ACQUISITION OR TRANSFER OF CERTAIN
FINANCIAL INFORMATION. (a) In this section:
(1) "Check" has the meaning assigned by Section 3.104,
Business & Commerce Code.
(2) "Credit card" and "debit card" have the meanings
assigned by Section 32.31.
(3) "Financial sight order or payment card
information" means financial information that is:
(A) contained on either side of a check or
similar sight order, check card, debit card, or credit card; or
(B) encoded on the magnetic strip or stripe of a
check card, debit card, or credit card.
(b) A person commits an offense if the person, knowing that
the person is not entitled to obtain or possess that financial
information:
(1) obtains the financial sight order or payment card
information of another by use of an electronic, photographic,
visual imaging, recording, or other device capable of accessing,
reading, recording, capturing, copying, imaging, scanning,
reproducing, or storing in any manner the financial sight order or
payment card information; or
(2) transfers to a third party information obtained as
described by Subdivision (1).
(c) An offense under Subsection (b)(1) is a Class B
misdemeanor. An offense under Subsection (b)(2) is a Class A
misdemeanor.
(d) If conduct that constitutes an offense under this
section also constitutes an offense under any other law, the actor
may be prosecuted under this section or the other law.
SECTION 2. Chapter 2, Code of Criminal Procedure, is
amended by adding Article 2.295 to read as follows:
Art. 2.295. REPORT REQUIRED IN CONNECTION WITH UNAUTHORIZED
ACQUISITION OR TRANSFER OF CERTAIN FINANCIAL INFORMATION. (a) A
peace officer to whom an alleged violation of Section 31.17, Penal
Code, is reported shall make a written report to the law enforcement
agency that employs the peace officer that includes the following
information:
(1) the name of the victim;
(2) the name of the suspect, if known;
(3) the type of financial sight order or payment card
information obtained or transferred in violation of Section 31.17,
Penal Code; and
(4) the results of any investigation.
(b) On the victim's request, the law enforcement agency
shall provide the report created under Subsection (a) to the
victim. In providing the report, the law enforcement agency shall
redact any otherwise confidential information that is included in
the report, other than the information described by Subsection (a).
SECTION 3. Chapter 13, Code of Criminal Procedure, is
amended by adding Article 13.295 to read as follows:
Art. 13.295. UNAUTHORIZED ACQUISITION OR TRANSFER OF
CERTAIN FINANCIAL INFORMATION. An offense under Section 31.17,
Penal Code, may be prosecuted in any county in which the offense was
committed or in the county of residence of the person whose
financial sight order or payment card information was unlawfully
obtained or transferred.
SECTION 4. This Act takes effect September 1, 2011.