S.B. No. 1809 introduces a new offense related to the fraudulent use, possession, or tampering with gift cards, their packaging, or associated data. The bill adds 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." It establishes that a person commits an offense if they acquire or retain possession of a gift card without consent, alter or tamper with a gift card or its packaging, or use a counterfeit gift card with the intent to defraud. Additionally, the bill outlines specific conditions under which a rebuttable presumption of possession without consent applies, particularly when three or more gift cards or related items are involved.

The bill categorizes offenses based on the number of counterfeit or unactivated gift cards involved, with penalties ranging from a state jail felony for fewer than five items to a felony of the first degree for 50 or more. It also clarifies that if the conduct constitutes an offense under other laws, the actor may be prosecuted under this section, the other law, or both. The act is set to take effect on September 1, 2025.

Statutes affected:
Introduced: ()
Senate Committee Report: ()
Engrossed: ()
House Committee Report: ()