HB3014 - 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.

  89R20902 JDK-F     By: Lambert, Cook, Perez of Harris H.B. No. 3014     Substitute the following for H.B. No. 3014:     By:  Holt C.S.H.B. No. 3014       A BILL TO BE ENTITLED   AN ACT   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.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter D, Chapter 32, Penal Code, is amended   by adding Section 32.56 to read as follows:           Sec.   32.56.     FRAUDULENT USE, POSSESSION, OR TAMPERING WITH A   GIFT CARD, GIFT CARD PACKAGING, OR GIFT CARD DATA OR REDEMPTION   INFORMATION. (a) In this section:                 (1)     "Cardholder" means a person to whom a physical or   virtual gift card is given or any person who purchased the gift   card.                 (2)     "Card issuer" means any person that issues a gift   card or the agent of that person with respect to the card.                 (3)  "Counterfeit gift card" means a gift card that:                       (A)     purports on the front or back of the card 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 account or   other information differing from that which is printed or embossed   on the card; or                       (D)     has been altered to change the account or   other information, including an image or code, on the front or back   of the card from that which was printed or embossed on the card by   the issuer.                 (4)     "Digital imprint" means the digital data placed on   a gift card's magnetic strip or chip.                 (5)     "Gift card" means a card, code, or device that is   issued to a consumer on a prepaid basis in a specified amount and   redeemable upon presentation for the purchase of goods or services   and that is either activated or inactivated.                 (6)     "Gift card redemption information" means   information unique to each gift card that allows the cardholder to   access, transfer, or spend funds on the gift card.                 (7)     "Gift card seller" means a merchant engaged in the   business of selling gift cards to consumers.           (b)     A person commits an offense if the person, with the   intent to harm or defraud another:                 (1)     acquires or retains possession of a gift card, a   digital imprint, or gift card redemption information without the   consent of the cardholder, card issuer, or gift card seller;                 (2)     alters or tampers with a gift card or gift card   packaging;                 (3)     possesses, transports, uses, or attempts to use a   gift card, a digital imprint, or gift card redemption information   to obtain goods, services, or anything else of value with knowledge   that the gift card is a counterfeit gift card or that the gift card,   digital imprint, or gift card redemption information has been   obtained in violation of Subdivision (1); or                 (4)     transports an unactivated gift card into a retail   location that sells gift cards and places or attempts to place the   gift card on a gift card rack, kiosk, or other display in a manner   that would entice the public to purchase the gift card.           (c)     If an actor possesses three or more gift cards,   counterfeit gift cards, or digital imprints or the gift card   redemption information obtained from three or more gift cards, a   rebuttable presumption exists that the actor possesses each item   without the consent of the cardholder, card issuer, or gift card   seller.           (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   unactivated gift cards, counterfeit gift cards, or digital imprints   or gift card redemption information 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 unactivated gift cards, counterfeit gift cards, or   digital imprints or gift card redemption information 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 unactivated gift cards, counterfeit gift cards,   or digital imprints or gift card redemption information 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   unactivated gift cards, counterfeit gift cards, or digital imprints   or gift card redemption information of gift cards.           (f)     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.