86R11128 ADM-F
By: Perez H.B. No. 2625
A BILL TO BE ENTITLED
AN ACT
relating to creating the criminal offense of mass fraudulent use or
possession of credit card or debit card information.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 32, Penal Code, is amended
by adding Section 32.315 to read as follows:
Sec. 32.315. MASS FRAUDULENT USE OR POSSESSION OF CREDIT
CARD OR DEBIT CARD INFORMATION. (a) In this section:
(1) "Counterfeit credit card or debit card" means a
credit card or debit card that:
(A) purports on its face to have been issued by an
issuer that did not issue the card;
(B) has been altered to contain a digital imprint
other than that which was placed on the card by the issuer;
(C) contains a digital imprint with account
information or account holder information differing from that which
is printed or embossed on the card; or
(D) has been altered to change the account
information or account holder information on the face of the card
from that which was printed or embossed on the card by the issuer.
(2) "Credit card" and "debit card" have the meanings
assigned by Section 32.31.
(3) "Digital imprint" means the digital data placed on
a credit card or debit card by the issuer.
(b) A person commits an offense if the person, with the
intent to harm or defraud another, obtains, possesses, transfers,
or uses:
(1) five or more counterfeit credit cards or debit
cards;
(2) the numbers and expiration dates of five or more
credit cards or debit cards without the consent of the account
holder; and
(3) the data stored on the digital imprint of five or
more credit cards or debit cards without the consent of the account
holder.
(c) If an actor possessed five or more of an item described
by Subsection (b)(2) or (3), a rebuttable presumption exists that
the actor possessed each item without the consent of the account
holder.
(d) The presumption established under Subsection (c) does
not apply to a business or other commercial entity or a government
agency that is engaged in a business activity or governmental
function that does not violate a penal law of this state.
(e) An offense under this section is:
(1) a felony of the third degree if the number of items
obtained, possessed, transferred, or used is five or more but less
than 10;
(2) a felony of the second degree if the number of
items obtained, possessed, transferred, or used is 10 or more but
less than 50; or
(3) a felony of the first degree if the number of items
obtained, possessed, transferred, or used is 50 or more.
(f) An offense described for purposes of punishment by
Subsection (e)(1) or (2) is increased to the next higher category of
offense if it is shown on the trial of the offense that the offense
was committed against one or more elderly individuals as defined by
Section 22.04.
(g) If a court orders a defendant convicted of an offense
under this section to make restitution to a victim of the offense,
the court may order the defendant to reimburse the victim for lost
income or other expenses, other than attorney's fees, incurred as a
result of the offense.
(h) 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, the other law, or both.
SECTION 2. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 3. This Act takes effect September 1, 2019.