Texas 2021 - 87th Regular

Texas Senate Bill SB964 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	87R5709 JES-F
1	2		By: Zaffirini S.B. No. 964
2		-	(In the Senate - Filed March 3, 2021; March 11, 2021, read
3		-	first time and referred to Committee on Business & Commerce;
4		-	April 7, 2021, reported adversely, with favorable Committee
5		-	Substitute by the following vote: Yeas 9, Nays 0; April 7, 2021,
6		-	sent to printer.)
7		-	Click here to see the committee vote
8		-	COMMITTEE SUBSTITUTE FOR S.B. No. 964 By: Nichols
9	3
10	4
11	5		A BILL TO BE ENTITLED
12	6		AN ACT
13	7		relating to the prevention, identification, investigation, and
14	8		enforcement of payment card fraud; providing a civil penalty.
15	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	10		SECTION 1. The heading to Chapter 607, Business & Commerce
17	11		Code, is amended to read as follows:
18	12		CHAPTER 607. PAYMENT CARD SKIMMERS ON MOTOR FUEL METERING DEVICES
19	13		[DISPENSERS]
20	14		SECTION 2. Section 607.001, Business & Commerce Code, is
21	15		amended by amending Subdivisions (1), (2), (4), (5), (7), and (8)
22		-	and adding Subdivisions (1-a), (1-b), (2-a), ~~(3-a),~~ (5-a)~~, and~~
23		-	~~(6-a) to read as~~ follows:
	16	+	and adding Subdivisions (1-a), (1-b), (2-a), and (5-a) to read as
	17	+	follows:
24	18		(1) "Center" means the financial crimes intelligence
25	19		[payment fraud fusion] center established under Chapter 2312 [424],
26	20		Occupations [Government] Code.
27	21		(1-a) "Commission" means the Texas Commission of
28	22		Licensing and Regulation.
29	23		(1-b) "Credit card issuer" has the meaning assigned by
30	24		Section 505.001.
31	25		(2) "Department" means the Texas Department of
32	26		Licensing and Regulation [state agency that is the licensing
33	27		authority for service companies and service technicians].
34	28		(2-a) "Executive director" means the executive
35	29		director of the department.
36		-	(3-a) "Institution of higher education" has the
37		-	meaning assigned by Section 61.003, Education Code.
38	30		(4) "Merchant" means a person whose business includes
39	31		the sale of motor fuel through motor fuel metering devices
40	32		[dispensers] to retail customers.
41	33		(5) "Motor fuel" and "motor fuel metering device" have
42	34		the meanings assigned by Section 2310.001, Occupations Code ["Motor
43	35		fuel dispenser" means a machine that is used to pump gasoline,
44	36		diesel, biofuels, or other types of fuels into motor vehicles].
45	37		(5-a) "Motor fuel unattended payment terminal" means a
46	38		point-of-sale terminal or kiosk that is operated by a customer to
47	39		activate or complete a transaction at a motor fuel metering device
48	40		through the use of a payment card or a payment by other electronic
49	41		means.
50		-	(6-a) "Payment card network" means an entity that
51		-	directly, or through a licensed member, processor, or agent,
52		-	provides the proprietary services, infrastructure, and software
53		-	that route information and data to conduct debit card or credit card
54		-	transaction authorization, clearance, and settlement, and that an
55		-	entity uses in order to accept as a form of payment a brand of debit
56		-	card, credit card, or other device that may be used to carry out
57		-	debit or credit transactions.
58	42		(7) "Service company" and "service technician" have
59	43		the meanings assigned by Section 2310.151 [13.451], Occupations
60	44		[Agriculture] Code.
61	45		(8) "Skimmer" means a wire or electronic device that
62	46		is capable of unlawfully intercepting electronic communications or
63	47		data to perpetrate fraud. [The term includes a re-encoder and
64	48		scanning device, as those terms are defined by Section 522.001.]
65	49		SECTION 3. Subchapter A, Chapter 607, Business & Commerce
66	50		Code, is amended by adding Sections 607.002, 607.003, and 607.004
67	51		to read as follows:
68	52		Sec. 607.002. ADMINISTRATION AND ENFORCEMENT OF CHAPTER.
69	53		(a) The department shall administer and enforce this chapter.
70	54		(b) The commission or the executive director may enforce
71	55		this chapter, a rule adopted under this chapter, or an order of the
72	56		commission or executive director as provided by Subchapters F and
73	57		G, Chapter 51, Occupations Code.
74	58		Sec. 607.003. FUNDING. The department may solicit and
75	59		accept gifts, grants, and other donations for purposes of
76	60		administering this chapter, except that the department may not
77	61		solicit or accept a gift, grant, or other donation from a license
78	62		holder as defined by Section 2310.151, Occupations Code.
79	63		Sec. 607.004. RULES. The commission shall adopt rules for
80	64		administering this chapter.
81	65		SECTION 4. Section 607.053, Business & Commerce Code, is
82	66		amended to read as follows:
83	67		Sec. 607.053. NOTICE OF DISCOVERY OF SKIMMER REQUIRED. (a)
84	68		If a service technician discovers a skimmer in or on a motor fuel
85	69		[the] unattended payment terminal or [of a] motor fuel metering
86	70		device [dispenser], the service technician or service company that
87	71		employs the technician shall [immediately] notify the department
88	72		and the merchant of the skimmer in the manner prescribed by
89	73		commission rule.
90	74		(b) If a merchant discovers a [the] skimmer in or on a motor
91	75		fuel unattended payment terminal or motor fuel metering device or
92	76		is notified of the presence of a skimmer [by a service technician or
93	77		other person], the merchant shall, in the manner prescribed by
94	78		commission rule:
95	79		(1) [immediately] disable, or cause to be disabled,
96	80		the motor fuel metering device [dispenser] on which the skimmer was
97	81		discovered;
98	82		(1-a) [and] notify a law enforcement agency and the
99	83		department that a skimmer has been detected; and
100	84		(2) take appropriate measures to protect [from
101	85		tampering with] the motor fuel metering device from being tampered
102	86		with [dispenser] until the department or law enforcement agency
103	87		arrives and the skimmer is removed[; and
104	88		[(3) not later than 24 hours after the discovery of the
105	89		skimmer or a report of the discovery of a skimmer is made to the
106	90		merchant, report the discovery to the department].
107	91		SECTION 5. Section 607.054(a), Business & Commerce Code, is
108	92		amended to read as follows:
109	93		(a) The department may accept a report of a suspected
110	94		skimmer from any interested person, including [In this section,
111	95		"interested person" includes]:
112	96		(1) a law enforcement agency;
113	97		(2) a financial institution;
114		-	(3) a credit card or debit card issuer [as defined by
115		-	Section 505.001];
116		-	(4) a service technician or service company;
117		-	(5) a member of the public; and[; or]
118		-	(6) a payment card network [any other interested
119		-	person].
	98	+	(3) a credit card issuer [as defined by Section
	99	+	505.001];
	100	+	(4) a service technician or service company; and
	101	+	(5) a member of the public[; or
	102	+	[(6) any other interested person].
120	103		SECTION 6. Section 607.055, Business & Commerce Code, is
121	104		amended to read as follows:
122	105		Sec. 607.055. INVESTIGATION OF SKIMMER REPORT. (a) On
123	106		receipt of a report under Section 607.053 or 607.054, the
124		-	department ~~may~~ conduct an inspection for the presence of ~~suspected~~
125		-	skimmers [~~shall~~ immediately notify the center and share the ~~report~~
126		-	with the center].
	107	+	department shall conduct an inspection for the presence of
	108	+	suspected skimmers [immediately notify the center and share the
	109	+	report with the center].
127	110		(b) The department [and the center] shall coordinate with
128	111		law enforcement agencies in conducting an investigation of the
129	112		report.
130	113		(c) The department may inspect, directly or in coordination
131	114		with a law enforcement agency, the motor fuel metering device
132	115		[dispenser] that is the subject of the report and any other motor
133	116		fuel metering device located at the same place of business.
134	117		(d) A merchant shall cooperate with the department or law
135	118		enforcement agency during an investigation of a skimmer discovered
136	119		or reported at the merchant's place of business and permit the
137	120		inspection and alteration of motor fuel metering devices at the
138	121		place of business [department or agency to inspect and alter the
139	122		motor fuel dispenser that is the subject of the report] as
140	123		necessary.
141	124		SECTION 7. Sections 607.056(b), (d), and (e), Business &
142	125		Commerce Code, are amended to read as follows:
143	126		(b) Information described by Subsection (a) may be
144	127		disclosed to:
145		-	(1) an institution of higher education ~~[the~~ ~~attorney~~
146		-	general];
	128	+	(1) an institution of higher education, as defined by
	129	+	Section 61.003, Education Code [the attorney general];
147	130		(2) a law enforcement agency;
148	131		(3) the center;
149		-	(4) a credit card issuer, a debit card issuer, a
150		-	financial institution that is not a credit card issuer, or a payment
151		-	card network that may be impacted by the use of a skimmer on a motor
152		-	fuel [the] unattended payment terminal or [of a] motor fuel
153		-	metering device [dispenser]; [or]
	132	+	(4) a credit card issuer or a financial institution
	133	+	that is not a credit card issuer that may be impacted by the use of a
	134	+	skimmer on a motor fuel [the] unattended payment terminal or [of a]
	135	+	motor fuel metering device [dispenser]; [or]
154	136		(5) another person if the disclosure of the
155	137		information is permitted or required by other law or court order;
156	138		(6) a trade association representing a financial
157	139		institution; or
158	140		(7) a department contractor or other agent.
159	141		(d) On the dismissal or final resolution of a report [or
160	142		investigation] by the department, information described by
161	143		Subsection (a) is subject to disclosure under Chapter 552,
162	144		Government Code.
163	145		(e) Notwithstanding Subsection (a), a law enforcement
164	146		agency or the center [the attorney general] may disclose to the
165	147		public information made confidential by that subsection if the law
166	148		enforcement agency or the chief intelligence coordinator for the
167	149		center [attorney general] determines that the disclosure of the
168		-	information furthers a law enforcement purpose, except that a law
169		-	enforcement agency or the center may not disclose to the public the
170		-	identity of a person that submits a report of a suspected skimmer to
171		-	the department under Section 607.053 or 607.054.
	150	+	information furthers a law enforcement purpose.
172	151		SECTION 8. Subchapter C, Chapter 607, Business & Commerce
173	152		Code, is amended by adding Section 607.1021 to read as follows:
174	153		Sec. 607.1021. CIVIL PENALTY. (a) A person who violates
175	154		this chapter or a rule adopted under this chapter is liable to the
176	155		state for a civil penalty.
177	156		(b) The attorney general or the executive director may bring
178	157		an action to collect a penalty under this section.
179	158		(c) The provisions of Section 51.352, Occupations Code,
180	159		relating to an action to collect and the amount of a civil penalty
181	160		under that section apply to an action to collect and the amount of a
182	161		civil penalty under this section.
183	162		SECTION 9. Section 607.103, Business & Commerce Code, is
184	163		amended to read as follows:
185	164		Sec. 607.103. OFFENSES; PENALTIES. (a) A person commits an
186	165		offense if the person refuses to allow an inspection of a motor fuel
187	166		metering device [dispenser] at the merchant's place of business in
188	167		violation of Section 607.055. An offense under this subsection is a
189	168		Class C misdemeanor.
190	169		(b) A person commits an offense if the person negligently or
191	170		recklessly disposes of a skimmer that was installed on a motor fuel
192	171		[the] unattended payment terminal or [of a] motor fuel metering
193	172		device [dispenser] by another person. An offense under this
194	173		subsection is a Class B misdemeanor.
195	174		(c) A person commits an offense if, knowing that an
196	175		investigation is ongoing or that a criminal proceeding has been
197	176		commenced and is pending, the person disposes of a skimmer that was
198	177		installed on a motor fuel [the] unattended payment terminal or [of
199	178		a] motor fuel metering device [dispenser] by another person. An
200	179		offense under this subsection is a felony of the third degree.
201	180		SECTION 10. Section 2310.101, Occupations Code, is amended
202	181		by adding Subsection (c) to read as follows:
203	182		(c) Regardless of whether the department has received a
204	183		report of a suspected skimmer under Section 607.053 or 607.054,
205	184		Business & Commerce Code, the department may inspect each motor
206	185		fuel metering device located at a dealer's retail outlet if the
207	186		department has reason to believe that a skimmer is installed on or
208	187		in a motor fuel unattended payment terminal or motor fuel metering
209	188		device at the retail outlet. In this subsection, "motor fuel
210	189		unattended payment terminal" and "skimmer" have the meanings
211	190		assigned by Section 607.001, Business & Commerce Code.
212	191		SECTION 11. Chapter 424, Government Code, as added by
213	192		Chapter 863 (H.B. 2945), Acts of the 86th Legislature, Regular
214	193		Session, 2019, is transferred to Subtitle A, Title 14, Occupations
215	194		Code, redesignated as Chapter 2312, Occupations Code, and amended
216	195		to read as follows:
217	196		CHAPTER 2312 [424]. FINANCIAL CRIMES INTELLIGENCE [PAYMENT FRAUD
218	197		FUSION] CENTER
219	198		SUBCHAPTER A. GENERAL PROVISIONS
220	199		Sec. 2312.001 [424.001]. DEFINITIONS. In this chapter:
221	200		(1) "Card fraud" means an act that constitutes the
222	201		offense of fraudulent use or possession of a credit card or debit
223	202		card under Section 32.315, Penal Code.
224	203		(2) "Center" means the financial crimes intelligence
225	204		[payment fraud fusion] center established under this chapter.
226	205		(3) "Commission" means the Texas Commission of
227	206		Licensing and Regulation.
228	207		(4) "Department" means the Texas Department of
229	208		Licensing and Regulation.
230	209		(5) [(2) "Payment card" has the meaning assigned by
231	210		Section 522.001, Business & Commerce Code.
232	211		[(3) "Payment fraud" means a fraudulent payment
233	212		transaction made by the unauthorized use of a payment card or other
234	213		electronic means.
235	214		[(4)] "Skimmer" means an [a wire or] electronic,
236	215		mechanical, or other device that may be used to [is capable of]
237	216		unlawfully intercept [intercepting] electronic communications or
238	217		data to perpetrate card fraud.
239	218		Sec. 2312.002. RULES. The commission shall adopt rules as
240	219		necessary to implement this chapter [The term includes a re-encoder
241	220		and scanning device, as those terms are defined by Section 522.001,
242	221		Business & Commerce Code].
243	222		SUBCHAPTER B. PURPOSE AND ADMINISTRATION
244	223		Sec. 2312.051 [424.002]. FINANCIAL CRIMES INTELLIGENCE
245	224		[PAYMENT FRAUD FUSION] CENTER ESTABLISHED. [(a) Law enforcement
246	225		agencies or other governmental agencies designated by the attorney
247	226		general may collaborate with the attorney general to establish a
248	227		payment fraud fusion center.
249	228		[(b)] The commission [attorney general] shall establish the
250	229		center within the department [in the City of Tyler].
251	230		Sec. 2312.052. PURPOSES [424.003. PURPOSE] OF CENTER.
252	231		[(a)] The purposes of the center are to:
253	232		(1) serve [serves] as the state's primary entity for
254	233		the planning, coordination, and integration of [the capabilities
255	234		of] law enforcement agencies and other governmental agencies that
256	235		[to] respond to criminal activity [that is] related to card
257	236		[payment] fraud, including through the use of skimmers; and[.]
258	237		(2) [(b) The purpose of the center is to] maximize
259	238		the ability of the department, law enforcement agencies, and other
260	239		governmental agencies to detect, prevent, and respond to criminal
261	240		activities related to card [payment] fraud.
262	241		Sec. 2312.053. OPERATION AGREEMENTS AUTHORIZED; CHIEF
263	242		INTELLIGENCE COORDINATOR. (a) The department:
264	243		(1) may enter into agreements with law enforcement
265	244		agencies or other governmental agencies for the operation of the
266	245		center; and
267	246		(2) shall enter into an agreement with a law
268	247		enforcement agency or other governmental agency for the appointment
269	248		of a chief intelligence coordinator to supervise and manage the
270	249		operation of the center.
271	250		(b) The chief intelligence coordinator appointed under the
272	251		agreement required by Subsection (a)(2) may be a licensed peace
273	252		officer. The agreement must provide that the commission of a chief
274	253		intelligence coordinator who is a licensed peace officer will be
275	254		carried by the agency with which the department enters into the
276	255		agreement under that subdivision.
277	256		(c) Information a law enforcement agency or other
278	257		governmental agency collects and maintains under an agreement
279	258		entered into with the department under this chapter is the
280	259		intellectual property of the center. On termination of the
281	260		agreement, the contracting agency shall transfer the information to
282	261		the department in accordance with the terms of the agreement.
283	262		Sec. 2312.054 [424.004]. POWERS AND DUTIES. (a) The
284		-	center may collaborate with federal, state, and ~~local~~ governmental
	263	+	center may collaborate with federal, state, and other governmental
285	264		agencies [for the performance of the center's duties and] to
286	265		accomplish the purposes [purpose] of the center.
287	266		(b) The center shall assist law enforcement agencies, [and]
288	267		other governmental agencies, financial institutions, credit card
289		-	issuers, debit card issuers, payment card networks, institutions of
290		-	higher education, and merchants in their efforts to develop and
291		-	implement strategies to:
	268	+	issuers, and merchants in their efforts to develop and implement
	269	+	strategies to:
292	270		(1) detect skimmers;
293	271		(2) ensure an effective response if a skimmer is
294	272		found; and
295	273		(3) prevent card [payment] fraud.
296	274		(c) The center may:
297	275		(1) serve as a centralized collection point for
298	276		information related to card fraud;
299	277		(2) provide training and educational opportunities to
300	278		law enforcement;
301	279		(3) provide outreach to the public; and
302	280		(4) release information to affected financial
303		-	institutions, credit card issuers, debit card issuers, payment card
304		-	networks, institutions of higher education, and merchants if the
305		-	center does not consider the information to be sensitive to law
306		-	enforcement.
	281	+	institutions, credit card issuers, and merchants if the center does
	282	+	not consider the information to be sensitive to law enforcement.
307	283		(d) For purposes of Subsection (c)(4), information is
308	284		considered sensitive to law enforcement if the information could
309	285		cause harm to law enforcement activities or jeopardize an
310	286		investigation or operation if disclosed.
311	287		Sec. 2312.055. ANNUAL REPORT. (a) Not later than December
312	288		1 of each year, the chief intelligence coordinator shall file a
313	289		report with the department.
314	290		(b) The report must include:
315	291		(1) a plan of operation for the center and an estimate
316	292		of the amount of money necessary to implement that plan;
317	293		(2) an assessment of the current state of card fraud in
318	294		this state, including:
319	295		(A) an identification of the geographic
320	296		locations in this state that have the highest statistical
321	297		probability for card fraud; and
322	298		(B) a summary of card fraud statistics for the
323	299		year in which the report is filed;
324	300		(3) a detailed plan of operation for combatting card
325	301		fraud;
326	302		(4) a communications plan for outreach to law
327	303		enforcement agencies, financial institutions, credit card issuers,
328		-	debit card issuers, payment card networks, merchants, and the
329		-	public; and
	304	+	merchants, and the public; and
330	305		(5) a list of expenditures made since the most recent
331	306		report was filed with the department.
332	307		SUBCHAPTER C. FINANCIAL PROVISIONS
333	308		[Sec. 424.005. DIRECTOR. (a) The attorney general shall
334	309		appoint a director to supervise and manage the center.
335	310		[(b) The director is under the supervision and direction of
336	311		the attorney general.
337	312		[Sec. 424.006. RULES. The attorney general by rule shall
338	313		adopt reasonable policies and procedures necessary to implement
339	314		this chapter.
340	315		[Sec. 424.007. FACILITIES AND ADMINISTRATIVE SUPPORT. A
341	316		municipality's police department may provide facilities and
342	317		administrative support to a payment fraud fusion center established
343	318		in the municipality.]
344	319		Sec. 2312.101 [424.008]. FUNDING [GIFTS AND GRANTS]. The
345	320		department [payment fraud fusion center] may solicit and accept
346	321		gifts, grants, and other donations to fund, administer, and carry
347	322		out the purposes [purpose] of the center, except that the
348	323		department may not solicit or accept a gift, grant, or other
349	324		donation from a license holder as defined by Section 2310.151.
350	325		Sec. 2312.102. AWARD OF GRANTS. (a) Subject to the
351	326		availability of appropriated money, the department may award grants
352	327		for the purposes of this chapter by entering into a contract with
353	328		each grant recipient.
354	329		(b) A grant recipient may use grant money to:
355	330		(1) reduce card fraud by removing skimmers;
356	331		(2) purchase or upgrade fraud deterrence equipment,
357	332		including unique locking systems, cameras, and lights;
358	333		(3) provide training opportunities regarding
359	334		skimmers; and
360	335		(4) conduct public outreach regarding card fraud.
361	336		SECTION 12. The following provisions of the Business &
362	337		Commerce Code are repealed:
363	338		(1) Section 607.001(9);
364	339		(2) Section 607.051;
365	340		(3) Section 607.052;
366	341		(4) Section 607.054(b);
367	342		(5) Section 607.101; and
368	343		(6) Section 607.102.
369	344		SECTION 13. (a) The Texas Department of Licensing and
370	345		Regulation may establish a workgroup composed of stakeholders to
371	346		provide input, advice, and recommendations regarding the
372	347		department's powers and duties under and the administration of:
373	348		(1) Chapter 607, Business & Commerce Code, as amended
374	349		by this Act;
375	350		(2) Section 2310.101(c), Occupations Code, as added by
376	351		this Act; and
377	352		(3) Chapter 2312, Occupations Code, as transferred,
378	353		redesignated, and amended by this Act.
379	354		(b) If a workgroup is established as authorized by
380	355		Subsection (a) of this section, the Texas Department of Licensing
381	356		and Regulation shall lead the workgroup and determine the
382	357		workgroup's size, composition, and scope of purpose.
383	358		(c) A workgroup established under this section is abolished
384	359		and this section expires December 1, 2022.
385	360		SECTION 14. The Texas Commission of Licensing and
386	361		Regulation shall adopt rules necessary to implement the changes in
387		-	law made by this Act not later than ~~September~~ 1, ~~2021~~.
388		-	SECTION 15. (a) On ~~the effective date of this Act~~:
	362	+	law made by this Act not later than January 1, 2022.
	363	+	SECTION 15. (a) On January 1, 2022:
389	364		(1) the payment fraud fusion center is redesignated as
390	365		the financial crimes intelligence center;
391	366		(2) all powers, duties, functions, programs, and
392	367		activities of the office of the attorney general under Chapter 424,
393	368		Government Code, as added by Chapter 863 (H.B. 2945), Acts of the
394	369		86th Legislature, Regular Session, 2019, as that chapter existed
395		-	immediately before ~~the effective date of this Act~~, are transferred
396		-	~~to the Texas~~ Commission of Licensing and Regulation and the Texas
397		-	~~Department of~~ Licensing and Regulation;
	370	+	immediately before January 1, 2022, are transferred to the Texas
	371	+	Commission of Licensing and Regulation and the Texas Department of
	372	+	Licensing and Regulation;
398	373		(3) all obligations, contracts, property, and records
399	374		of the office of the attorney general that are related to a power,
400	375		duty, function, program, or activity transferred under Subdivision
401	376		(2) of this subsection are transferred to the Texas Commission of
402	377		Licensing and Regulation and the Texas Department of Licensing and
403	378		Regulation; and
404	379		(4) all pending complaints, investigations, or
405	380		contested cases that are related to a power, duty, function,
406	381		program, or activity transferred under Subdivision (2) of this
407	382		subsection are transferred without change in status to the Texas
408	383		Commission of Licensing and Regulation and the Texas Department of
409	384		Licensing and Regulation.
410	385		(b) A rule or form adopted by the office of the attorney
411	386		general that relates to a power, duty, function, program, or
412	387		activity transferred under Subsection (a)(2) of this section is a
413	388		rule or form of the Texas Commission of Licensing and Regulation and
414	389		the Texas Department of Licensing and Regulation, as applicable,
415	390		until altered by the commission.
416	391		SECTION 16. Section 607.103, Business & Commerce Code, as
417	392		amended by this Act, applies only to an offense committed on or
418		-	after ~~the effective date of this Act~~. An offense committed before
419		-	~~the effective date of this Act~~ is governed by the law in effect on
420		-	~~the date the offense was~~ committed, and the former law is continued
421		-	~~in effect for that~~ purpose. For purposes of this section, an
422		-	~~offense was committed~~ before ~~the effective date of this Act~~ if any
423		-	~~element of the offense occurred~~ before that date.
	393	+	after January 1, 2022. An offense committed before January 1, 2022,
	394	+	is governed by the law in effect on the date the offense was
	395	+	committed, and the former law is continued in effect for that
	396	+	purpose. For purposes of this section, an offense was committed
	397	+	before January 1, 2022, if any element of the offense occurred
	398	+	before that date.
424	399		SECTION 17. To the extent of any conflict, this Act prevails
425	400		over another Act of the 87th Legislature, Regular Session, 2021,
426	401		relating to nonsubstantive additions to and corrections in enacted
427	402		codes.
428		-	SECTION 18. This Act takes effect September 1, 2021.
429		-	* * * * *
	403	+	SECTION 18. (a) Except as provided by Subsection (b) of
	404	+	this section, this Act takes effect January 1, 2022.
	405	+	(b) Sections 13 and 14 of this Act take effect immediately
	406	+	if this Act receives a vote of two-thirds of all the members elected
	407	+	to each house, as provided by Section 39, Article III, Texas
	408	+	Constitution. If this Act does not receive the vote necessary for
	409	+	those sections to have immediate effect, Sections 13 and 14 of this
	410	+	Act take effect September 1, 2021.