Texas House Bill HB1215

Texas 2011 - 82nd Regular

• Out of House Committee: 3/24/11
• Introduced: 2/9/11
• Voted on by House: 4/14/11
• Refer: 3/1/11
• Out of Senate Committee: 5/12/11
• Report Pass: 3/22/11
• Voted on by Senate: 5/19/11
• Engrossed: 4/14/11
• Governor Action: 5/27/11
• Report Pass: 5/12/11
• Enrolled: 5/23/11
• Passed: 5/27/11

Caption

Relating to the creation of the offense of unauthorized acquisition or transfer of certain financial information.

Impact

This bill has significant implications on state laws related to financial crimes and identity theft. By instituting penalties for unauthorized access to financial information, it aims to protect individuals from potential fraud and economic damage. Furthermore, the bill formalizes the duty of law enforcement to report violations, emphasizing the importance of tracking and addressing such infractions. The incorporation of these specific offenses into the Penal Code enhances the legal framework around financial security in Texas, promoting a safer environment for personal financial transactions.

Summary

House Bill 1215 focuses on the creation of the offense of unauthorized acquisition or transfer of certain financial information in the state of Texas. This legislation amends the Penal Code by adding Section 31.17, which defines the unauthorized access to and transfer of financial sight order or payment card information. The bill outlines specific actions that constitute an offense, including obtaining financial information through electronic means or transferring said information without entitlement. The offenses are categorized as either Class B or Class A misdemeanors depending on the severity of the act committed.

Contention

During discussions surrounding HB1215, there were concerns regarding the scope of the definitions provided within the bill and the balance between privacy and security. Some stakeholders argued that the bill could potentially lead to overreach in prosecuting individuals for minor infractions. Additionally, the dual classification of misdemeanors—Class A and Class B—raised discussions about the appropriate level of punishment for varying degrees of financial information breaches. The balance between consumer protection and the implications for law enforcement practices was a focal point during the legislative process.