H.B. No. 2697
AN ACT
relating to the prosecution of the offense of fraudulent use or
possession of identifying information.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 502.001(c), Business & Commerce Code, is
amended to read as follows:
(c) A restaurant or bar owner shall display in a prominent
place on the premises of the restaurant or bar a sign stating in
letters at least one-half inch high: "UNDER SECTION 32.51, PENAL
CODE, IT IS A STATE JAIL FELONY (PUNISHABLE BY CONFINEMENT IN A
STATE JAIL FOR NOT MORE THAN TWO YEARS) TO OBTAIN, POSSESS,
TRANSFER, OR USE A CUSTOMER'S DEBIT CARD OR CREDIT CARD NUMBER
WITHOUT THE CUSTOMER'S CONSENT OR EFFECTIVE CONSENT."
SECTION 2. Section 32.51(b), Penal Code, is amended to read
as follows:
(b) A person commits an offense if the person, with the
intent to harm or defraud another, obtains, possesses, transfers,
or uses an item of:
(1) identifying information of another person without
the other person's consent or effective consent;
(2) information concerning a deceased natural person,
including a stillborn infant or fetus, that would be identifying
information of that person were that person alive, if the item of
information is obtained, possessed, transferred, or used without
legal authorization; or
(3) identifying information of a child younger than 18
years of age.
SECTION 3. 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 4. This Act takes effect September 1, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2697 was passed by the House on April
24, 2019, by the following vote: Yeas 138, Nays 1, 3 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2697 was passed by the Senate on May
15, 2019, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor