The bill proposes the creation of a new offense related to the fraudulent use, possession, or tampering with gift cards, their packaging, or associated data and redemption information. It introduces Section 32.56 to Subchapter D, Chapter 32 of the Penal Code, defining key terms such as "cardholder," "card issuer," "counterfeit gift card," and "gift card redemption information." The bill outlines specific actions that constitute an offense, including acquiring or retaining possession of a gift card without consent, tampering with gift cards or their packaging, and using counterfeit gift cards. It also establishes a rebuttable presumption of wrongdoing if an individual possesses three or more gift cards or related items without consent.

The penalties for violations are tiered based on the number of counterfeit or unactivated gift cards involved, ranging from a state jail felony for fewer than five items to a felony of the first degree for 50 or more. Additionally, the bill clarifies that if the conduct also violates other laws, the individual may be prosecuted under this section, the other law, or both. The act is set to take effect on September 1, 2025.

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