Texas House expands definition of identity theft

The bill expands the definition of identity theft to include effective consent. The identity theft statutes would then apply to coerced debt, which results from financial fraud in a domestic situation.

The legal definition of "effective consent" is consent by a person legally authorized to act for the owner, but only if it is not induced by force, threat, or fraud. There are questions about the effect the change could have, relating prosecution of debit or credit card fraud due to the vague definition of "effective consent."

HB 2697 has been referred to the Senate Business and Commerce Committee. Its companion SB 269 is pending in that committee.

Contact Jeff Huffman at 469-385-6488 or jhuffman@txcua.coop for more information.