| 1 | | - | H.B. No. 2697 |
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| 1 | + | By: Meyer, et al. (Senate Sponsor - Zaffirini) H.B. No. 2697 |
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| 2 | + | (In the Senate - Received from the House April 24, 2019; |
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| 3 | + | April 25, 2019, read first time and referred to Committee on |
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| 4 | + | Business & Commerce; May 6, 2019, reported favorably by the |
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| 5 | + | following vote: Yeas 8, Nays 0; May 6, 2019, sent to printer.) |
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| 6 | + | Click here to see the committee vote |
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| 4 | 10 | | AN ACT |
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| 5 | 11 | | relating to the prosecution of the offense of fraudulent use or |
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| 6 | 12 | | possession of identifying information. |
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| 7 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 14 | | SECTION 1. Section 502.001(c), Business & Commerce Code, is |
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| 9 | 15 | | amended to read as follows: |
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| 10 | 16 | | (c) A restaurant or bar owner shall display in a prominent |
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| 11 | 17 | | place on the premises of the restaurant or bar a sign stating in |
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| 12 | 18 | | letters at least one-half inch high: "UNDER SECTION 32.51, PENAL |
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| 13 | 19 | | CODE, IT IS A STATE JAIL FELONY (PUNISHABLE BY CONFINEMENT IN A |
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| 14 | 20 | | STATE JAIL FOR NOT MORE THAN TWO YEARS) TO OBTAIN, POSSESS, |
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| 15 | 21 | | TRANSFER, OR USE A CUSTOMER'S DEBIT CARD OR CREDIT CARD NUMBER |
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| 16 | 22 | | WITHOUT THE CUSTOMER'S CONSENT OR EFFECTIVE CONSENT." |
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| 17 | 23 | | SECTION 2. Section 32.51(b), Penal Code, is amended to read |
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| 18 | 24 | | as follows: |
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| 19 | 25 | | (b) A person commits an offense if the person, with the |
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| 20 | 26 | | intent to harm or defraud another, obtains, possesses, transfers, |
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| 21 | 27 | | or uses an item of: |
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| 22 | 28 | | (1) identifying information of another person without |
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| 23 | 29 | | the other person's consent or effective consent; |
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| 24 | 30 | | (2) information concerning a deceased natural person, |
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| 25 | 31 | | including a stillborn infant or fetus, that would be identifying |
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| 26 | 32 | | information of that person were that person alive, if the item of |
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| 27 | 33 | | information is obtained, possessed, transferred, or used without |
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| 28 | 34 | | legal authorization; or |
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| 29 | 35 | | (3) identifying information of a child younger than 18 |
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| 30 | 36 | | years of age. |
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| 31 | 37 | | SECTION 3. The change in law made by this Act applies only |
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| 32 | 38 | | to an offense committed on or after the effective date of this Act. |
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| 33 | 39 | | An offense committed before the effective date of this Act is |
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| 34 | 40 | | governed by the law in effect on the date the offense was committed, |
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| 35 | 41 | | and the former law is continued in effect for that purpose. For |
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| 36 | 42 | | purposes of this section, an offense was committed before the |
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| 37 | 43 | | effective date of this Act if any element of the offense occurred |
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| 38 | 44 | | before that date. |
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| 39 | 45 | | SECTION 4. This Act takes effect September 1, 2019. |
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| 40 | | - | ______________________________ ______________________________ |
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| 41 | | - | President of the Senate Speaker of the House |
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| 42 | | - | I certify that H.B. No. 2697 was passed by the House on April |
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| 43 | | - | 24, 2019, by the following vote: Yeas 138, Nays 1, 3 present, not |
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| 44 | | - | voting. |
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| 45 | | - | ______________________________ |
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| 46 | | - | Chief Clerk of the House |
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| 47 | | - | I certify that H.B. No. 2697 was passed by the Senate on May |
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| 48 | | - | 15, 2019, by the following vote: Yeas 31, Nays 0. |
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| 49 | | - | ______________________________ |
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| 50 | | - | Secretary of the Senate |
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| 51 | | - | APPROVED: _____________________ |
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| 52 | | - | Date |
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| 53 | | - | _____________________ |
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| 54 | | - | Governor |
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| 46 | + | * * * * * |
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