Texas 2023 - 88th Regular

Texas Senate Bill SB2306 Compare Versions

Version 1 (Old)

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1	1	88R4170 JES-F
2	2	By: Zaffirini S.B. No. 2306
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the financial crimes intelligence center.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 2312.001, Occupations Code, is amended
10	10	by adding Subdivisions (4-a) and (4-b) and amending Subdivision (5)
11	11	to read as follows:
12	12	(4-a) "Motor fuel manipulation device" means a
13	13	mechanism manufactured, assembled, or adapted to manipulate or
14	14	alter a motor fuel metering device or a motor fuel unattended
15	15	payment terminal for an unlawful purpose.
16	16	(4-b) "Motor fuel theft" means an act that:
17	17	(A) constitutes an offense under Section 31.03,
18	18	Penal Code; and
19	19	(B) qualifies for an affirmative finding of motor
20	20	fuel theft under Article 42.019, Code of Criminal Procedure.
21	21	(5) "Skimmer" means an electronic, mechanical, or
22	22	other device that may be used to unlawfully intercept electronic
23	23	communications or data to perpetrate card fraud. The term includes
24	24	a credit card shimmer.
25	25	SECTION 2. Section 2312.052, Occupations Code, is amended
26	26	to read as follows:
27	27	Sec. 2312.052. PURPOSES OF CENTER. The purposes of the
28	28	center are to:
29	29	(1) serve as the state's primary entity for the
30	30	planning, coordination, and integration of law enforcement
31	31	agencies and other governmental agencies that respond to criminal
32	32	activity related to card fraud, including through the use of
33	33	skimmers, and motor fuel theft; and
34	34	(2) maximize the ability of the department, law
35	35	enforcement agencies, and other governmental agencies to detect,
36	36	prevent, and respond to criminal activities related to card fraud
37	37	and motor fuel theft.
38	38	SECTION 3. Section 2312.054, Occupations Code, is amended
39	39	by amending Subsections (b) and (c) and adding Subsection (b-1) to
40	40	read as follows:
41	41	(b) The center shall assist law enforcement agencies, other
42	42	governmental agencies, financial institutions, credit card
43	43	issuers, debit card issuers, payment card networks, institutions of
44	44	higher education, and merchants in their efforts to develop and
45	45	implement strategies to:
46	46	(1) detect skimmers and motor fuel manipulation
47	47	devices;
48	48	(2) ensure an effective response if a skimmer or motor
49	49	fuel manipulation device is found; and
50	50	(3) prevent card fraud and motor fuel theft.
51	51	(b-1) On request of a law enforcement or other governmental
52	52	agency, the center may provide assistance to that agency regarding
53	53	any matter within the center's expertise.
54	54	(c) The center may:
55	55	(1) serve as a centralized collection point for
56	56	information related to card fraud and motor fuel theft;
57	57	(2) provide training and educational opportunities to
58	58	law enforcement;
59	59	(3) provide outreach to the public; and
60	60	(4) release information to affected financial
61	61	institutions, credit card issuers, debit card issuers, payment card
62	62	networks, institutions of higher education, and merchants if the
63	63	center does not consider the information to be sensitive to law
64	64	enforcement.
65	65	SECTION 4. Section 2312.055(b), Occupations Code, is
66	66	amended to read as follows:
67	67	(b) The report must include:
68	68	(1) a plan of operation for the center and an estimate
69	69	of the amount of money necessary to implement that plan;
70	70	(2) an assessment of the current state of card fraud
71	71	and motor fuel theft in this state, including:
72	72	(A) an identification of the geographic
73	73	locations in this state that have the highest statistical
74	74	probability for card fraud and motor fuel theft; and
75	75	(B) a summary of card fraud and motor fuel theft
76	76	statistics for the year in which the report is filed;
77	77	(3) a detailed plan of operation for combatting card
78	78	fraud and motor fuel theft;
79	79	(4) a communications plan for outreach to law
80	80	enforcement agencies, financial institutions, credit card issuers,
81	81	debit card issuers, payment card networks, merchants, and the
82	82	public; and
83	83	(5) a list of expenditures made since the most recent
84	84	report was filed with the department.
85	85	SECTION 5. Section 2312.102(b), Occupations Code, is
86	86	amended to read as follows:
87	87	(b) A grant recipient may use grant money to:
88	88	(1) reduce card fraud by removing skimmers;
89	89	(2) purchase or upgrade fraud deterrence equipment,
90	90	including unique locking systems, cameras, and lights;
91	91	(3) provide training opportunities regarding
92	92	skimmers; and
93	93	(4) conduct public outreach regarding card fraud and
94	94	motor fuel theft.
95	95	SECTION 6. This Act takes effect September 1, 2023.