Law:Title 4. Miscellaneous Commercial Provisions (Texas)

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Contents

Chapter 35. Miscellaneous

Text of chapter as repealed by Acts 2007, 80th Leg., R.S., Ch. 885, Sec. 2.47 effective April 1, 2009


Subchapter D. Miscellaneous

Section  35.60.  Identity Theft By Electronic Device.

(a) In this section:

(1)  "Payment card" means a credit card, a debit card, a check card, or any other card that is issued to an authorized user to purchase or obtain goods, services, money, or any other thing of value.

(2)  "Re-encoder" means an electronic device that can be used to transfer encoded information from a magnetic strip on a payment card onto the magnetic strip of a different payment card.

(3)  "Scanning device" means an electronic device used to access, read, scan, or store information encoded on the magnetic strip of a payment card.

(b)  A person commits an offense if the person uses a scanning device or re-encoder to access, read, scan, store, or transfer information encoded on the magnetic strip of a payment card without the consent of an authorized user of the payment card and with intent to harm or defraud another.

(c)  An offense under this section is a Class B misdemeanor.

(d)  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 or the other law.

Added by Acts 2003, 78th Leg., ch. 649, Sec. 1, eff. Sept. 1, 2003.

Renumbered from Business and Commerce Code, Section 35.58 by Acts 2007, 80th Leg., R.S., Ch. 921, Sec. 17.001(6), eff. September 1, 2007.



Text of section as renumbered by Acts 2007, 80th Leg., R.S., Ch. 921, Sec. 17.001

Section 35.63.  Warning Sign About Identity Theft For Restaurant Or Bar Employees.

(a) In this section:

(1)  "Credit card" means an identification card, plate, coupon, book, number, or any other device authorizing a designated person or bearer to obtain property or service on credit.

(2)  "Debit card" means an identification card, plate, coupon, book, number, or any other device authorizing a designated person or bearer to communicate a request to an unmanned teller machine or a customer convenience terminal or obtain property or services by debit to an account at a financial institution.

(b)  This section applies only to a restaurant or bar that accepts credit cards or debit cards from customers in the ordinary course of business.

(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 1/2 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."

(d)  A restaurant or bar owner shall display the sign in English and in another language spoken by a substantial portion of the employees of the restaurant or bar as their familiar language.

(e)  A restaurant or bar owner who fails to comply with this section commits an offense.  An offense under this subsection is a misdemeanor punishable by a fine of not more than $25.

(f)  It is a defense to prosecution under this section that the person charged produces to the court satisfactory evidence that the person displayed a sign as required by Subsection (c) not later than 48 hours after the person received a citation for an offense under Subsection (e).  If the court is satisfied with the evidence produced by the person, the court shall dismiss the charge.

Added by Acts 2005, 79th Leg., Ch. 195, Sec. 1, eff. September 1, 2005.

Renumbered from Business and Commerce Code, Section 35.60 by Acts 2007, 80th Leg., R.S., Ch. 921, Sec. 17.001(7), eff. September 1, 2007.


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