Bill Text: TX HB3014 | 2025-2026 | 89th Legislature | Introduced
Bill Title: Relating to the creation of the offense of fraudulent use or possession of a gift card or gift card redemption information.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2025-02-19 - Filed [HB3014 Detail]
Download: Texas-2025-HB3014-Introduced.html
| 89R10222 JDK-F | ||
| By: Lambert | H.B. No. 3014 | |
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| relating to the creation of the offense of fraudulent use or | ||
| possession of a gift card or gift card 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 OR POSSESSION OF GIFT CARD OR | ||
| GIFT CARD 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) "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. | ||
| (4) "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. | ||
| (5) "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 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 | ||
| (3) uses or attempts to use a gift card or gift card | ||
| redemption information to obtain goods, services, or anything else | ||
| of value with knowledge that the gift card or gift card redemption | ||
| information has been obtained in violation of Subdivision (1) or | ||
| altered or tampered with. | ||
| (c) An offense under this section is: | ||
| (1) a Class C misdemeanor if the value of the gift | ||
| card, gift cards, or gift card redemption information involved is | ||
| less than $100; | ||
| (2) a Class B misdemeanor if the value of the gift | ||
| card, gift cards, or gift card redemption information involved is | ||
| $100 or more but less than $750; | ||
| (3) a Class A misdemeanor if the value of the gift | ||
| card, gift cards, or gift card redemption information involved is | ||
| $750 or more but less than $2,500; | ||
| (4) a state jail felony if the value of the gift card, | ||
| gift cards, or gift card redemption information involved is $2,500 | ||
| or more but less than $30,000; | ||
| (5) a felony of the third degree if the value of the | ||
| gift card, gift cards, or gift card redemption information involved | ||
| is $30,000 or more but less than $150,000; | ||
| (6) a felony of the second degree if the value of the | ||
| gift card, gift cards, or gift card redemption information involved | ||
| is $150,000 or more but less than $300,000; and | ||
| (7) a felony of the first degree if the value of the | ||
| gift card, gift cards, or gift card redemption information involved | ||
| is $300,000 or more. | ||
| SECTION 2. This Act takes effect September 1, 2025. | ||
