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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the offense of fraudulent use or |
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possession of a gift card or gift card redemption information. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 32, Penal Code, is amended |
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by adding Section 32.56 to read as follows: |
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Sec. 32.56. FRAUDULENT USE OR POSSESSION OF GIFT CARD OR |
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GIFT CARD REDEMPTION INFORMATION. (a) In this section: |
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(1) "Cardholder" means a person to whom a physical or |
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virtual gift card is given or any person who purchased the gift |
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card. |
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(2) "Card issuer" means any person that issues a gift |
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card or the agent of that person with respect to the card. |
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(3) "Gift card" means a card, code, or device that is |
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issued to a consumer on a prepaid basis in a specified amount and |
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redeemable upon presentation for the purchase of goods or services |
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and that is either activated or inactivated. |
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(4) "Gift card redemption information" means |
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information unique to each gift card that allows the cardholder to |
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access, transfer, or spend funds on the gift card. |
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(5) "Gift card seller" means a merchant engaged in the |
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business of selling gift cards to consumers. |
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(b) A person commits an offense if the person, with the |
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intent to harm or defraud another: |
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(1) acquires or retains possession of a gift card or |
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gift card redemption information without the consent of the |
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cardholder, card issuer, or gift card seller; |
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(2) alters or tampers with a gift card; or |
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(3) uses or attempts to use a gift card or gift card |
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redemption information to obtain goods, services, or anything else |
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of value with knowledge that the gift card or gift card redemption |
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information has been obtained in violation of Subdivision (1) or |
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altered or tampered with. |
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(c) An offense under this section is: |
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(1) a Class C misdemeanor if the value of the gift |
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card, gift cards, or gift card redemption information involved is |
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less than $100; |
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(2) a Class B misdemeanor if the value of the gift |
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card, gift cards, or gift card redemption information involved is |
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$100 or more but less than $750; |
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(3) a Class A misdemeanor if the value of the gift |
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card, gift cards, or gift card redemption information involved is |
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$750 or more but less than $2,500; |
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(4) a state jail felony if the value of the gift card, |
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gift cards, or gift card redemption information involved is $2,500 |
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or more but less than $30,000; |
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(5) a felony of the third degree if the value of the |
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gift card, gift cards, or gift card redemption information involved |
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is $30,000 or more but less than $150,000; |
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(6) a felony of the second degree if the value of the |
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gift card, gift cards, or gift card redemption information involved |
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is $150,000 or more but less than $300,000; and |
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(7) a felony of the first degree if the value of the |
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gift card, gift cards, or gift card redemption information involved |
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is $300,000 or more. |
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SECTION 2. This Act takes effect September 1, 2025. |