Texas 2025 - 89th Regular

Texas Senate Bill SB1809 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Flores, Bettencourt S.B. No. 1809
2		-	Kolkhorst
3		-
4		-
	1	+	By: Flores S.B. No. 1809
	2	+	(In the Senate - Filed March 3, 2025; March 13, 2025, read
	3	+	first time and referred to Committee on Criminal Justice;
	4	+	April 3, 2025, reported adversely, with favorable Committee
	5	+	Substitute by the following vote: Yeas 7, Nays 0; April 3, 2025,
	6	+	sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR S.B. No. 1809 By: Flores
5	9
6	10
7	11		A BILL TO BE ENTITLED
8	12		AN ACT
9	13		relating to the creation of the offense of fraudulent use,
10	14		possession, or tampering with a gift card, gift card packaging, or
11	15		gift card data or redemption information.
12	16		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	17		SECTION 1. Subchapter D, Chapter 32, Penal Code, is amended
14	18		by adding Section 32.56 to read as follows:
15	19		Sec. 32.56. FRAUDULENT USE, POSSESSION, OR TAMPERING WITH
16	20		GIFT CARD, GIFT CARD PACKAGING, OR GIFT CARD DATA OR REDEMPTION
17	21		INFORMATION. (a) In this section:
18	22		(1) "Cardholder" means a person to whom a physical or
19	23		virtual gift card is given or any person who purchased the gift
20	24		card.
21	25		(2) "Card issuer" means any person that issues a gift
22	26		card or the agent of that person with respect to the card.
23	27		(3) "Counterfeit gift card" means a gift card that:
24	28		(A) purports on the front or back of the card to
25	29		have been issued by an issuer that did not issue the card;
26	30		(B) has been altered to contain a digital imprint
27	31		other than that which was placed on the card by the issuer;
28	32		(C) contains a digital imprint with account or
29	33		other information differing from that which is printed or embossed
30	34		on the card by the issuer; or
31	35		(D) has been altered to change the account or
32	36		other information, including an image or code, on the front or back
33	37		of the card from that which was printed or embossed on the card by
34	38		the issuer.
35	39		(4) "Digital imprint" means the digital data placed on
36	40		a gift card's magnetic strip or chip.
37	41		(5) "Gift card" means a card, code, or device that is
38	42		issued to a consumer on a prepaid basis in a specified amount and
39	43		redeemable upon presentation for the purchase of goods or services
40	44		and that is either activated or inactivated.
41	45		(6) "Gift card redemption information" means
42	46		information unique to each gift card that allows the cardholder to
43	47		access, transfer, or spend funds on the gift card.
44	48		(7) "Gift card seller" means a merchant engaged in the
45	49		business of selling gift cards to consumers.
46	50		(b) A person commits an offense if the person, with the
47	51		intent to harm or defraud another:
48	52		(1) acquires or retains possession of a gift card, a
49	53		digital imprint, or gift card redemption information without the
50	54		consent of the cardholder, card issuer, or gift card seller;
51	55		(2) alters or tampers with a gift card or gift card
52	56		packaging;
53	57		(3) possesses, transports, uses, or attempts to use a
54	58		gift card, a digital imprint, or gift card redemption information
55	59		to obtain goods, services, or anything else of value with knowledge
56	60		that the gift card is a counterfeit gift card or that the gift card,
57	61		digital imprint, or gift card redemption information has been
58	62		obtained in violation of Subdivision (1); or
59	63		(4) transports an unactivated gift card into a retail
60	64		location that sells gift cards and places or attempts to place the
61	65		gift card on a gift card rack, kiosk, or other display in a manner
62	66		that would entice the public to purchase the gift card.
63	67		(c) If an actor possesses three or more gift cards,
64	68		counterfeit gift cards, or digital imprints or the gift card
65	69		redemption information obtained from three or more gift cards, a
66	70		rebuttable presumption exists that the actor possesses each item
67	71		without the consent of the cardholder, card issuer, or gift card
68	72		seller.
69	73		(d) The presumption established under Subsection (c) does
70	74		not apply to a business or other commercial entity or a governmental
71	75		agency that is engaged in a business activity or governmental
72	76		function that does not violate a penal law of this state.
73	77		(e) An offense under this section is:
74	78		(1) a state jail felony if the actor engaged in conduct
75	79		described by Subsection (b) with respect to fewer than five
76	80		unactivated gift cards, counterfeit gift cards, or digital imprints
77	81		or gift card redemption information of gift cards;
78	82		(2) a felony of the third degree if the actor engaged
79	83		in conduct described by Subsection (b) with respect to 5 or more but
80	84		fewer than 10 unactivated gift cards, counterfeit gift cards, or
81	85		digital imprints or gift card redemption information of gift cards;
82	86		(3) a felony of the second degree if the actor engaged
83	87		in conduct described by Subsection (b) with respect to 10 or more
84	88		but fewer than 50 unactivated gift cards, counterfeit gift cards,
85	89		or digital imprints or gift card redemption information of gift
86	90		cards; or
87	91		(4) a felony of the first degree if the actor engaged
88	92		in conduct described by Subsection (b) with respect to 50 or more
89	93		unactivated gift cards, counterfeit gift cards, or digital imprints
90	94		or gift card redemption information of gift cards.
91	95		(f) If conduct that constitutes an offense under this
92	96		section also constitutes an offense under any other law, the actor
93	97		may be prosecuted under this section, the other law, or both.
94	98		SECTION 2. This Act takes effect September 1, 2025.
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