Bill Text: TX HB2697 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to the prosecution of the offense of fraudulent use or possession of identifying information.
Sponsorship: Bipartisan Bill
Status: (Passed) 2019-05-31 - Effective on 9/1/19 [HB2697 Detail]
Download: Texas-2019-HB2697-Enrolled.html
| H.B. No. 2697 | ||
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| relating to the prosecution of the offense of fraudulent use or | ||
| possession of identifying information. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 502.001(c), Business & Commerce Code, is | ||
| amended to read as follows: | ||
| (c) A restaurant or bar owner shall display in a prominent | ||
| place on the premises of the restaurant or bar a sign stating in | ||
| letters at least one-half inch high: "UNDER SECTION 32.51, PENAL | ||
| CODE, IT IS A STATE JAIL FELONY (PUNISHABLE BY CONFINEMENT IN A | ||
| STATE JAIL FOR NOT MORE THAN TWO YEARS) TO OBTAIN, POSSESS, | ||
| TRANSFER, OR USE A CUSTOMER'S DEBIT CARD OR CREDIT CARD NUMBER | ||
| WITHOUT THE CUSTOMER'S CONSENT OR EFFECTIVE CONSENT." | ||
| SECTION 2. Section 32.51(b), Penal Code, is amended to read | ||
| as follows: | ||
| (b) A person commits an offense if the person, with the | ||
| intent to harm or defraud another, obtains, possesses, transfers, | ||
| or uses an item of: | ||
| (1) identifying information of another person without | ||
| the other person's consent or effective consent; | ||
| (2) information concerning a deceased natural person, | ||
| including a stillborn infant or fetus, that would be identifying | ||
| information of that person were that person alive, if the item of | ||
| information is obtained, possessed, transferred, or used without | ||
| legal authorization; or | ||
| (3) identifying information of a child younger than 18 | ||
| years of age. | ||
| SECTION 3. The change in law made by this Act applies only | ||
| to an offense committed on or after the effective date of this Act. | ||
| An offense committed before the effective date of this Act is | ||
| governed by the law in effect on the date the offense was committed, | ||
| and the former law is continued in effect for that purpose. For | ||
| purposes of this section, an offense was committed before the | ||
| effective date of this Act if any element of the offense occurred | ||
| before that date. | ||
| SECTION 4. This Act takes effect September 1, 2019. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 2697 was passed by the House on April | ||
| 24, 2019, by the following vote: Yeas 138, Nays 1, 3 present, not | ||
| voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 2697 was passed by the Senate on May | ||
| 15, 2019, by the following vote: Yeas 31, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: _____________________ | ||
| Date | ||
| _____________________ | ||
| Governor | ||
