5 | 3 | | |
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6 | 4 | | |
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7 | 5 | | A BILL TO BE ENTITLED |
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8 | 6 | | AN ACT |
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9 | 7 | | relating to the financial crimes intelligence center. |
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10 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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11 | 9 | | SECTION 1. Section 2312.001, Occupations Code, is amended |
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12 | 10 | | by adding Subdivisions (4-a) and (4-b) and amending Subdivision (5) |
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13 | 11 | | to read as follows: |
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14 | 12 | | (4-a) "Motor fuel manipulation device" means a |
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15 | 13 | | mechanism manufactured, assembled, or adapted to manipulate or |
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16 | 14 | | alter a motor fuel metering device or a motor fuel unattended |
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17 | 15 | | payment terminal for an unlawful purpose. |
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18 | 16 | | (4-b) "Motor fuel theft" means an act that: |
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19 | 17 | | (A) constitutes an offense under Section 31.03, |
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20 | 18 | | Penal Code; and |
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21 | 19 | | (B) qualifies for an affirmative finding of motor |
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22 | 20 | | fuel theft under Article 42.019, Code of Criminal Procedure. |
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23 | 21 | | (5) "Skimmer" means an electronic, mechanical, or |
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24 | 22 | | other device that may be used to unlawfully intercept electronic |
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25 | 23 | | communications or data to perpetrate card fraud. The term includes |
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26 | 24 | | a credit card shimmer. |
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27 | 25 | | SECTION 2. Section 2312.052, Occupations Code, is amended |
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28 | 26 | | to read as follows: |
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29 | 27 | | Sec. 2312.052. PURPOSES OF CENTER. The purposes of the |
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30 | 28 | | center are to: |
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31 | 29 | | (1) serve as the state's primary entity for the |
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32 | 30 | | planning, coordination, and integration of law enforcement |
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33 | 31 | | agencies and other governmental agencies that respond to criminal |
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34 | 32 | | activity related to card fraud, including through the use of |
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35 | 33 | | skimmers, and motor fuel theft; and |
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36 | 34 | | (2) maximize the ability of the department, law |
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37 | 35 | | enforcement agencies, and other governmental agencies to detect, |
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38 | 36 | | prevent, and respond to criminal activities related to card fraud |
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39 | 37 | | and motor fuel theft. |
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40 | 38 | | SECTION 3. Section 2312.054, Occupations Code, is amended |
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41 | 39 | | by amending Subsections (b) and (c) and adding Subsection (b-1) to |
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42 | 40 | | read as follows: |
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43 | 41 | | (b) The center shall assist law enforcement agencies, other |
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44 | 42 | | governmental agencies, financial institutions, credit card |
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45 | 43 | | issuers, debit card issuers, payment card networks, institutions of |
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46 | 44 | | higher education, and merchants in their efforts to develop and |
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47 | 45 | | implement strategies to: |
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48 | 46 | | (1) detect skimmers and motor fuel manipulation |
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49 | 47 | | devices; |
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50 | 48 | | (2) ensure an effective response if a skimmer or motor |
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51 | 49 | | fuel manipulation device is found; and |
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52 | 50 | | (3) prevent card fraud and motor fuel theft. |
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53 | 51 | | (b-1) On request of a law enforcement or other governmental |
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54 | 52 | | agency, the center may provide assistance to that agency regarding |
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55 | 53 | | any matter within the center's expertise. |
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56 | 54 | | (c) The center may: |
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57 | 55 | | (1) serve as a centralized collection point for |
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58 | 56 | | information related to card fraud and motor fuel theft; |
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59 | 57 | | (2) provide training and educational opportunities to |
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60 | 58 | | law enforcement; |
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61 | 59 | | (3) provide outreach to the public; and |
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62 | 60 | | (4) release information to affected financial |
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63 | 61 | | institutions, credit card issuers, debit card issuers, payment card |
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64 | 62 | | networks, institutions of higher education, and merchants if the |
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65 | 63 | | center does not consider the information to be sensitive to law |
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66 | 64 | | enforcement. |
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67 | 65 | | SECTION 4. Section 2312.055(b), Occupations Code, is |
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68 | 66 | | amended to read as follows: |
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69 | 67 | | (b) The report must include: |
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70 | 68 | | (1) a plan of operation for the center and an estimate |
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71 | 69 | | of the amount of money necessary to implement that plan; |
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72 | 70 | | (2) an assessment of the current state of card fraud |
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73 | 71 | | and motor fuel theft in this state, including: |
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74 | 72 | | (A) an identification of the geographic |
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75 | 73 | | locations in this state that have the highest statistical |
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76 | 74 | | probability for card fraud and motor fuel theft; and |
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77 | 75 | | (B) a summary of card fraud and motor fuel theft |
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78 | 76 | | statistics for the year in which the report is filed; |
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79 | 77 | | (3) a detailed plan of operation for combatting card |
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80 | 78 | | fraud and motor fuel theft; |
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81 | 79 | | (4) a communications plan for outreach to law |
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82 | 80 | | enforcement agencies, financial institutions, credit card issuers, |
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83 | 81 | | debit card issuers, payment card networks, merchants, and the |
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84 | 82 | | public; and |
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85 | 83 | | (5) a list of expenditures made since the most recent |
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86 | 84 | | report was filed with the department. |
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87 | 85 | | SECTION 5. Section 2312.102(b), Occupations Code, is |
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88 | 86 | | amended to read as follows: |
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89 | 87 | | (b) A grant recipient may use grant money to: |
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90 | 88 | | (1) reduce card fraud by removing skimmers; |
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91 | 89 | | (2) purchase or upgrade fraud deterrence equipment, |
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92 | 90 | | including unique locking systems, cameras, and lights; |
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93 | 91 | | (3) provide training opportunities regarding |
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94 | 92 | | skimmers; and |
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95 | 93 | | (4) conduct public outreach regarding card fraud and |
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96 | 94 | | motor fuel theft. |
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97 | 95 | | SECTION 6. This Act takes effect September 1, 2025. |
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