Relating to the creation of the offense of fraudulent use, possession, or tampering with a gift card, gift card packaging, or gift card data or redemption information.
HB 3014 creates a new offense in the Texas Penal Code for fraudulent use, possession, or tampering involving gift cards, gift card packaging, gift card digital imprints, and gift card redemption information. The bill defines key terms such as cardholder, card issuer, counterfeit gift card, digital imprint, gift card seller, and gift card redemption information, and it makes it a crime to knowingly and intentionally acquire, retain, alter, transport, use, or attempt to use these items without consent or with knowledge that they are counterfeit or unlawfully obtained.
The bill also specifically targets a scheme involving unactivated gift cards placed on retail displays in a deceptive way to entice purchases. It creates a rebuttable presumption of unlawful possession when a person has three or more gift cards or related data items, while exempting legitimate business or governmental activity that does not violate Texas law. The offense is graded by quantity, ranging from a state jail felony to a first-degree felony depending on the number of cards or related data involved.
HB 3014 would add Section 32.56 to the Texas Penal Code and expand criminal liability for gift card fraud, theft, and tampering. It would give prosecutors a specific statute to use against organized gift card scams, skimming, counterfeiting, and related possession or trafficking conduct, while allowing overlap with other criminal statutes. The bill would affect consumers, retailers, gift card issuers, and law enforcement by creating clearer penalties and evidentiary rules for gift card-related fraud.
The available context suggests the bill was treated as a financial-crime and consumer-protection measure rather than a controversial policy change. It was considered in the Pensions, Investments & Financial Services committees, and there is no recorded vote or committee transcript showing opposition or support statements. The bill’s final recorded action, laid on the table subject to call, indicates it did not advance immediately, but the text itself reflects a broadly punitive approach to fraud that is generally consistent with anti-theft enforcement priorities.
The main policy issue in the bill is the breadth of the criminal offense and the severity of penalties tied to quantity thresholds. Potential points of contention include the rebuttable presumption for possession of three or more cards or related data, which could raise concerns about proof and overbreadth, and the inclusion of transport or placement of unactivated gift cards in retail locations, which could implicate legitimate commercial conduct if not carefully distinguished. The bill attempts to address this by exempting lawful business and governmental activity, but that carveout may still be a focus for retailers, prosecutors, and defense interests.