86R13885 ADM-F
	By: Hughes	S.B. No. 909

	A BILL TO BE ENTITLED
	AN ACT
	relating to the prosecution of certain criminal offenses involving
	fraud.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Chapter 13, Code of Criminal Procedure, is
	amended by adding Article 13.291 to read as follows:
	Art. 13.291.  CREDIT CARD OR DEBIT CARD ABUSE. An offense
	under Section 32.31, Penal Code, may be prosecuted in any county in
	which the offense was committed or in the county of residence for
	any person whose credit card or debit card was unlawfully possessed
	or used by the defendant.
	SECTION 2.  Article 38.19, Code of Criminal Procedure, is
	amended to read as follows:
	Art. 38.19.  INTENT TO DEFRAUD: CERTAIN OFFENSES [IN
	FORGERY]. (a) This article applies to the trial of an offense under
	any of the following sections of the Penal Code:
	(1)  Section 32.21 (Forgery);
	(2)  Section 32.31 (Credit Card or Debit Card Abuse);
	or
	(3)  Section 32.51 (Fraudulent Use or Possession of
	Identifying Information).
	(b)  In the trial [trials] of an offense to which this
	article applies [forgery], the attorney representing the state is
	not required to prove [it need not be proved] that the defendant
	committed the act with intent to defraud any particular person. It
	is [shall be] sufficient to prove that the offense [forgery] was, in
	its nature, calculated to injure or defraud any of the
	sovereignties, bodies corporate or politic, officers or persons,
	named in the definition of the offense [forgery] in the Penal Code.
	SECTION 3.  Chapter 38, Code of Criminal Procedure, is
	amended by adding Article 38.391 to read as follows:
	Art. 38.391.  EVIDENCE IN PROSECUTION OF FRAUDULENT USE OR
	POSSESSION OF IDENTIFYING INFORMATION. In a prosecution of an
	offense under Section 32.51, Penal Code, in which the defendant is
	alleged to have possessed the identifying information of more than
	one person, the attorney representing the state is not required to
	prove by direct evidence that each person did not consent to the
	defendant's conduct. It is sufficient if the lack of consent is
	proven by either direct or circumstantial evidence.
	SECTION 4.  Section 32.31(a), Penal Code, is amended by
	adding Subdivisions (8) and (9) to read as follows:
	(8)  "Counterfeit credit card or debit card" means a
	credit card or debit card that:
	(A)  contains a digital imprint with account
	information or account holder information differing from that which
	is printed or embossed on the card; or
	(B)  has been altered to change the account
	information or account holder information on the face of the card
	from that which was printed or embossed on the card by the issuer.
	(9)  "Digital imprint" means the digital data placed on
	a credit card or debit card by the issuer.
	SECTION 5.  Section 32.31, Penal Code, is amended by adding
	Subsection (b-1) to read as follows:
	(b-1)  A person commits an offense if the person knowingly
	possesses, uses, transfers, or receives a counterfeit credit card
	or debit card.
	SECTION 6.  Section 32.51(a), Penal Code, is amended to read
	as follows:
	(a)  In this section:
	(1)  "Identifying information" means information that
	alone or in conjunction with other information identifies a person,
	including a person's:
	(A)  name and date of birth;
	(B)  unique biometric data, including the
	person's fingerprint, voice print, or retina or iris image;
	(C)  unique electronic identification number,
	address, routing code, or financial institution account number;
	(D)  account [telecommunication identifying
	information or] access device information; and
	(E)  social security number or other
	government-issued identification number.
	(2)  "Account [Telecommunication] access device" means
	a card, plate, code, account number, personal identification
	number, electronic serial number, mobile identification number, or
	other telecommunications service, equipment, or instrument
	identifier or means of account access that alone or in conjunction
	with another account [telecommunication] access device may be used
	to:
	(A)  obtain money, goods, services, or other thing
	of value; or
	(B)  initiate a transfer of funds other than a
	transfer originated solely by paper instrument.
	SECTION 7.  The changes in law made by this Act in amending
	Article 38.19, Code of Criminal Procedure, and adding Articles
	13.291 and 38.391, Code of Criminal Procedure, apply only to a
	criminal proceeding that commences on or after the effective date
	of this Act. A criminal proceeding that commenced before the
	effective date of this Act is governed by the law in effect on the
	date the proceeding commenced, and the former law is continued in
	effect for that purpose.
	SECTION 8.  The change in law made by this Act to Section
	32.51(a), Penal Code, 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 9.  This Act takes effect September 1, 2019.