S.B. No. 1809 introduces a new offense related to the fraudulent use, possession, or tampering with gift cards, their packaging, or associated data and redemption information. 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 a rebuttable presumption for possession of multiple gift cards without consent and specifies the penalties for various levels of offenses based on the number of counterfeit or unactivated gift cards involved.

The penalties for violations of this section are tiered based on the number of gift cards involved, ranging from a state jail felony for fewer than five cards to a felony of the first degree for 50 or more. The bill 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.

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