| 1 | 1 | | 86R5659 TSS-D |
|---|
| 2 | 2 | | By: Zaffirini S.B. No. 269 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the prosecution of the offense of fraudulent use or |
|---|
| 8 | 8 | | possession of identifying information. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Section 502.001(c), Business & Commerce Code, is |
|---|
| 11 | 11 | | amended to read as follows: |
|---|
| 12 | 12 | | (c) A restaurant or bar owner shall display in a prominent |
|---|
| 13 | 13 | | place on the premises of the restaurant or bar a sign stating in |
|---|
| 14 | 14 | | letters at least one-half inch high: "UNDER SECTION 32.51, PENAL |
|---|
| 15 | 15 | | CODE, IT IS A STATE JAIL FELONY (PUNISHABLE BY CONFINEMENT IN A |
|---|
| 16 | 16 | | STATE JAIL FOR NOT MORE THAN TWO YEARS) TO OBTAIN, POSSESS, |
|---|
| 17 | 17 | | TRANSFER, OR USE A CUSTOMER'S DEBIT CARD OR CREDIT CARD NUMBER |
|---|
| 18 | 18 | | WITHOUT THE CUSTOMER'S CONSENT OR EFFECTIVE CONSENT." |
|---|
| 19 | 19 | | SECTION 2. Section 32.51(b), Penal Code, is amended to read |
|---|
| 20 | 20 | | as follows: |
|---|
| 21 | 21 | | (b) A person commits an offense if the person, with the |
|---|
| 22 | 22 | | intent to harm or defraud another, obtains, possesses, transfers, |
|---|
| 23 | 23 | | or uses an item of: |
|---|
| 24 | 24 | | (1) identifying information of another person without |
|---|
| 25 | 25 | | the other person's consent or effective consent; |
|---|
| 26 | 26 | | (2) information concerning a deceased natural person, |
|---|
| 27 | 27 | | including a stillborn infant or fetus, that would be identifying |
|---|
| 28 | 28 | | information of that person were that person alive, if the item of |
|---|
| 29 | 29 | | information is obtained, possessed, transferred, or used without |
|---|
| 30 | 30 | | legal authorization; or |
|---|
| 31 | 31 | | (3) identifying information of a child younger than 18 |
|---|
| 32 | 32 | | years of age. |
|---|
| 33 | 33 | | SECTION 3. The change in law made by this Act applies only |
|---|
| 34 | 34 | | to an offense committed on or after the effective date of this Act. |
|---|
| 35 | 35 | | An offense committed before the effective date of this Act is |
|---|
| 36 | 36 | | governed by the law in effect on the date the offense was committed, |
|---|
| 37 | 37 | | and the former law is continued in effect for that purpose. For |
|---|
| 38 | 38 | | purposes of this section, an offense was committed before the |
|---|
| 39 | 39 | | effective date of this Act if any element of the offense occurred |
|---|
| 40 | 40 | | before that date. |
|---|
| 41 | 41 | | SECTION 4. This Act takes effect September 1, 2019. |
|---|