TX
Texas House Bill HB3014

Texas 2025 - 89th Regular

Texas House Bill HB3014 Compare Versions

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1-89R20902 JDK-F
2- By: Lambert, Cook, Perez of Harris H.B. No. 3014
3- Substitute the following for H.B. No. 3014:
4- By: Holt C.S.H.B. No. 3014
1+89R10222 JDK-F
2+ By: Lambert H.B. No. 3014
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97 A BILL TO BE ENTITLED
108 AN ACT
11- relating to the creation of the offense of fraudulent use,
12- possession, or tampering with a gift card, gift card packaging, or
13- gift card data or redemption information.
9+ relating to the creation of the offense of fraudulent use or
10+ possession of a gift card or gift card redemption information.
1411 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1512 SECTION 1. Subchapter D, Chapter 32, Penal Code, is amended
1613 by adding Section 32.56 to read as follows:
17- Sec. 32.56. FRAUDULENT USE, POSSESSION, OR TAMPERING WITH A
18- GIFT CARD, GIFT CARD PACKAGING, OR GIFT CARD DATA OR REDEMPTION
19- INFORMATION. (a) In this section:
14+ Sec. 32.56. FRAUDULENT USE OR POSSESSION OF GIFT CARD OR
15+ GIFT CARD REDEMPTION INFORMATION. (a) In this section:
2016 (1) "Cardholder" means a person to whom a physical or
2117 virtual gift card is given or any person who purchased the gift
2218 card.
2319 (2) "Card issuer" means any person that issues a gift
2420 card or the agent of that person with respect to the card.
25- (3) "Counterfeit gift card" means a gift card that:
26- (A) purports on the front or back of the card to
27- have been issued by an issuer that did not issue the card;
28- (B) has been altered to contain a digital imprint
29- other than that which was placed on the card by the issuer;
30- (C) contains a digital imprint with account or
31- other information differing from that which is printed or embossed
32- on the card; or
33- (D) has been altered to change the account or
34- other information, including an image or code, on the front or back
35- of the card from that which was printed or embossed on the card by
36- the issuer.
37- (4) "Digital imprint" means the digital data placed on
38- a gift card's magnetic strip or chip.
39- (5) "Gift card" means a card, code, or device that is
21+ (3) "Gift card" means a card, code, or device that is
4022 issued to a consumer on a prepaid basis in a specified amount and
4123 redeemable upon presentation for the purchase of goods or services
4224 and that is either activated or inactivated.
43- (6) "Gift card redemption information" means
25+ (4) "Gift card redemption information" means
4426 information unique to each gift card that allows the cardholder to
4527 access, transfer, or spend funds on the gift card.
46- (7) "Gift card seller" means a merchant engaged in the
28+ (5) "Gift card seller" means a merchant engaged in the
4729 business of selling gift cards to consumers.
4830 (b) A person commits an offense if the person, with the
4931 intent to harm or defraud another:
50- (1) acquires or retains possession of a gift card, a
51- digital imprint, or gift card redemption information without the
52- consent of the cardholder, card issuer, or gift card seller;
53- (2) alters or tampers with a gift card or gift card
54- packaging;
55- (3) possesses, transports, uses, or attempts to use a
56- gift card, a digital imprint, or gift card redemption information
57- to obtain goods, services, or anything else of value with knowledge
58- that the gift card is a counterfeit gift card or that the gift card,
59- digital imprint, or gift card redemption information has been
60- obtained in violation of Subdivision (1); or
61- (4) transports an unactivated gift card into a retail
62- location that sells gift cards and places or attempts to place the
63- gift card on a gift card rack, kiosk, or other display in a manner
64- that would entice the public to purchase the gift card.
65- (c) If an actor possesses three or more gift cards,
66- counterfeit gift cards, or digital imprints or the gift card
67- redemption information obtained from three or more gift cards, a
68- rebuttable presumption exists that the actor possesses each item
69- without the consent of the cardholder, card issuer, or gift card
70- seller.
71- (d) The presumption established under Subsection (c) does
72- not apply to a business or other commercial entity or a governmental
73- agency that is engaged in a business activity or governmental
74- function that does not violate a penal law of this state.
75- (e) An offense under this section is:
76- (1) a state jail felony if the actor engaged in conduct
77- described by Subsection (b) with respect to fewer than five
78- unactivated gift cards, counterfeit gift cards, or digital imprints
79- or gift card redemption information of gift cards;
80- (2) a felony of the third degree if the actor engaged
81- in conduct described by Subsection (b) with respect to 5 or more but
82- fewer than 10 unactivated gift cards, counterfeit gift cards, or
83- digital imprints or gift card redemption information of gift cards;
84- (3) a felony of the second degree if the actor engaged
85- in conduct described by Subsection (b) with respect to 10 or more
86- but fewer than 50 unactivated gift cards, counterfeit gift cards,
87- or digital imprints or gift card redemption information of gift
88- cards; or
89- (4) a felony of the first degree if the actor engaged
90- in conduct described by Subsection (b) with respect to 50 or more
91- unactivated gift cards, counterfeit gift cards, or digital imprints
92- or gift card redemption information of gift cards.
93- (f) If conduct that constitutes an offense under this
94- section also constitutes an offense under any other law, the actor
95- may be prosecuted under this section, the other law, or both.
32+ (1) acquires or retains possession of a gift card or
33+ gift card redemption information without the consent of the
34+ cardholder, card issuer, or gift card seller;
35+ (2) alters or tampers with a gift card; or
36+ (3) uses or attempts to use a gift card or gift card
37+ redemption information to obtain goods, services, or anything else
38+ of value with knowledge that the gift card or gift card redemption
39+ information has been obtained in violation of Subdivision (1) or
40+ altered or tampered with.
41+ (c) An offense under this section is:
42+ (1) a Class C misdemeanor if the value of the gift
43+ card, gift cards, or gift card redemption information involved is
44+ less than $100;
45+ (2) a Class B misdemeanor if the value of the gift
46+ card, gift cards, or gift card redemption information involved is
47+ $100 or more but less than $750;
48+ (3) a Class A misdemeanor if the value of the gift
49+ card, gift cards, or gift card redemption information involved is
50+ $750 or more but less than $2,500;
51+ (4) a state jail felony if the value of the gift card,
52+ gift cards, or gift card redemption information involved is $2,500
53+ or more but less than $30,000;
54+ (5) a felony of the third degree if the value of the
55+ gift card, gift cards, or gift card redemption information involved
56+ is $30,000 or more but less than $150,000;
57+ (6) a felony of the second degree if the value of the
58+ gift card, gift cards, or gift card redemption information involved
59+ is $150,000 or more but less than $300,000; and
60+ (7) a felony of the first degree if the value of the
61+ gift card, gift cards, or gift card redemption information involved
62+ is $300,000 or more.
9663 SECTION 2. This Act takes effect September 1, 2025.