Texas House bills would strengthen credit/debit card fraud prosecutions

Rep. Mary Ann Perez (D-Houston) has filed three bills designed to combat credit and debit card fraud.

HB 2624 clarifies that credit and debit card fraud can be prosecuted in the county where the fraud was committed or in the county of residence of the person whose card was unlawfully possessed. Without this change, a victim who may not be able to travel to other locations would be unable to testify for the prosecution. In addition, the prosecution would not be required to prove that the defendant committed the act with intent to defraud any particular person.

HB 2625 makes it an offense to obtain, possess, transfer, or use five or more counterfeit credit or debit cards or to have the digital data of five or more cards without the account holder's consent. The degree of felony charged for the offense rises with the number of cards involved and can be deemed a higher category of offense if the fraud was committed against elderly persons. Restitution to victims could include reimbursement of expenses other than attorney's fees, such as lost income, that were incurred as a result of the offense.

HB 2626 creates a new offense of credit/debit card fraud if a person knowingly possesses, uses, transfers, or receives a counterfeit credit card or debit card.

HB 2624 and HB 2625 are scheduled to be heard in the House Pensions, Investments, and Financial Services Committee on Thursday, April 11.