Bill > SB2372

This bill creates a new criminal offense in the Texas Penal Code specifically addressing fraudulent activities related to gift cards. The bill defines key terms such as "counterfeit gift card" as a card that has been falsely issued, altered, or contains misleading digital or printed information. It establishes criminal penalties for individuals who, with intent to harm or defraud, engage in specific prohibited activities like removing un-activated gift cards from retail locations, transporting un-activated cards to place deceptively on displays, possessing gift card digital data without purchasing the card, or possessing counterfeit gift cards. The severity of the offense escalates based on the number of un-activated or counterfeit cards involved, ranging from a state jail felony (for fewer than five cards) to a first-degree felony (for 50 or more cards). The bill includes a rebuttable presumption that possession of three or more un-activated cards indicates unauthorized possession, though this does not apply to legitimate businesses or government agencies. Additionally, the law allows courts to order restitution for victims and permits prosecution under this law or other applicable laws simultaneously. The bill is set to take effect on September 1, 2025.

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https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=SB2372