HB4729 - Relating to the creation of the criminal offense of fraudulent use, possession, or tampering with gift cards or gift card data.

  89R5769 JDK-D     By: Perez of Harris H.B. No. 4729       A BILL TO BE ENTITLED   AN ACT   relating to the creation of the criminal offense of fraudulent use,   possession, or tampering with gift cards or gift card data.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter C, Chapter 32, Penal Code, is amended   by adding Section 32.316 to read as follows:           Sec.   32.316.     FRAUDULENT USE, POSSESSION, OR TAMPERING WITH   GIFT CARDS OR GIFT CARD DATA. (a) In this section:                 (1)  "Counterfeit gift card" means a gift card that:                       (A)     purports on its face to have been issued by an   issuer that did not issue the card;                       (B)     has been altered to contain a digital imprint   other than that which was placed on the card by the issuer;                       (C)     contains a digital imprint with information   differing from that which is printed or embossed on the card by the   issuer; or                       (D)     has been altered to change the information on   the face of the gift card from that which was printed or embossed on   the card by the issuer.                 (2)     "Digital imprint" means the digital data placed on   a gift card's magnetic strip or chip.                 (3)     "Gift card" means a card entitling the holder to   receive goods or services of a specified value from the issuer.                 (4)  "Owner" means, with reference to a gift card:                       (A)     a retailer, if the gift card has not been   activated; or                       (B)     a purchaser, if the gift card has been   purchased and activated by a retailer.           (b)     A person commits an offense if the person, with the   intent to harm or defraud another, without the consent of the owner:                 (1)     removes a gift card from a retail location without   first activating the gift card at the point of sale;                 (2)     transports an un-activated gift card that was   previously acquired unlawfully into a retail location that sells   gift cards and places or attempts to place the gift card on a gift   card rack, kiosk, or any other display in a manner that would entice   the public to purchase the gift card;                 (3)     possesses the data stored on the digital imprint   of a gift card without first purchasing the gift card; or                 (4)     possesses, transports, or uses a counterfeit gift   card.           (c)     If an actor possesses three or more un-activated gift   cards, counterfeit gift cards, or digital imprints of gift cards   that have not been purchased, a rebuttable presumption exists that   the actor possesses each item without the consent of the owner.           (d)     The presumption established under Subsection (c) does   not apply to a business or other commercial entity or a governmental   agency that is engaged in a business activity or governmental   function that does not violate a penal law of this state.           (e)  An offense under this section is:                 (1)     a state jail felony if the actor engaged in conduct   described by Subsection (b) with respect to fewer than five   un-activated gift cards, counterfeit gift cards, or digital   imprints of gift cards;                 (2)     a felony of the third degree if the actor engaged   in conduct described by Subsection (b) with respect to 5 or more but   fewer than 10 un-activated gift cards, counterfeit gift cards, or   digital imprints of gift cards;                 (3)     a felony of the second degree if the actor engaged   in conduct described by Subsection (b) with respect to 10 or more   but fewer than 50 un-activated gift cards, counterfeit gift cards,   or digital imprints of gift cards; or                 (4)     a felony of the first degree if the actor engaged   in conduct described by Subsection (b) with respect to 50 or more   un-activated gift cards, counterfeit gift cards, or digital   imprints of gift cards.           (f)     If a court orders a defendant convicted of an offense   under this section to make restitution to a victim of the offense,   the court may order the defendant to reimburse the victim for lost   income or other expenses, other than attorney's fees, incurred as a   result of the offense.           (g)     If conduct that constitutes an offense under this   section also constitutes an offense under any other law, the actor   may be prosecuted under this section, the other law, or both.          SECTION 2.  This Act takes effect September 1, 2025.