Bill > HB4729

This bill creates a new criminal offense in the Texas Penal Code specifically targeting fraudulent activities related to gift cards. The legislation defines key terms such as "counterfeit gift card" (a card that has been altered or falsely represented) and establishes multiple prohibited actions, including removing un-activated gift cards from retail locations without consent, transporting un-activated gift cards to misleadingly place them on store displays, possessing gift card digital data without purchase, and possessing or using counterfeit gift cards. The bill introduces a graduated penalty system based on the number of gift cards involved: offenses range from a state jail felony (fewer than 5 cards) to a first-degree felony (50 or more cards). If a person is convicted, the court can order restitution for victims' lost income or expenses. The bill also includes a presumption that possession of three or more un-activated cards suggests unlawful intent, though this presumption does not apply to businesses or government agencies conducting legitimate activities. The new law is set to take effect on September 1, 2025, and allows prosecution under this statute or other applicable laws simultaneously.

Labor and Employment

https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB4729