Texas 2025 - 89th Regular

Texas Senate Bill SB1809

Filed
3/3/25  
Out of Senate Committee
4/3/25  
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the creation of the offense of fraudulent use, possession, or tampering with a gift card, gift card packaging, or gift card data or redemption information.

Impact

The implementation of SB1809 is anticipated to strengthen consumer protection laws in Texas by providing legal recourse against those who engage in fraudulent practices with gift cards. The legislation will amend existing penal codes to create stricter penalties for individuals caught tampering with or using counterfeit gift cards. This could serve as a deterrent against fraudulent use and encourage responsible vendor practices surrounding gift card sales and management. The new provisions will also clarify the legal implications of gift card fraud, potentially leading to increased prosecutions of such crimes.

Summary

Senate Bill 1809 establishes new criminal offenses related to fraudulent activities involving gift cards, including unauthorized use, possession, and tampering with gift cards and their associated data. The bill aims to combat a growing trend of gift card fraud that has potential negative impacts on both consumers and businesses. It introduces specific definitions and guidelines for what constitutes fraudulent behavior in the context of gift cards, offering a clearer framework for law enforcement and the courts to address these offenses effectively.

Sentiment

Overall, the sentiment regarding SB1809 has been supportive among consumer advocacy groups and businesses concerned about the repercussions of gift card fraud. Proponents argue that the bill is necessary to protect both consumers from theft and businesses from financial losses. Critics, however, may express concerns about the effectiveness of the measures proposed in curbing fraud, as well as ensuring that legitimate gift card sellers are not adversely affected by overly stringent regulations.

Contention

Notable points of contention surrounding SB1809 include debates over the adequacy of the proposed penalties for different levels of fraudulent activity and the potential complexities involved in enforcing the new law. Some stakeholders may argue that, while addressing gift card fraud is essential, the bill could also present challenges for legitimate businesses inadvertently caught in legal scrutiny. It is essential for the legislature to carefully consider these concerns as they finalize the bill's provisions.

Texas Constitutional Statutes Affected

Penal Code

  • Chapter 32. Fraud
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section

Companion Bills

TX HB3014

Identical Relating to the creation of the offense of fraudulent use, possession, or tampering with a gift card, gift card packaging, or gift card data or redemption information.

TX HB3168

Same As Relating to the creation of the offense of fraudulent use or possession of a gift card or gift card redemption information.

Similar Bills

No similar bills found.