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Bill

SB 1809

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.

89th Legislature (2025) Introduced by Paul Bettencourt and 3 co-sponsors

Texas law criminalizes fraudulent use, possession, and tampering with gift cards and their data, establishing dedicated offenses with tiered penalties effective September 1, 2025.

Effective on 9/1/25
#business&commerce--general(i0050) #crimes--againstproperty(i0175) #fraud(s0166) #financial--general(i0365)
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WeVote Research Nonpartisan
Bill Summary · SB 1809

Legislative bill overview

SB 1809 creates new criminal offenses in Texas for fraudulently using, possessing, or tampering with gift cards, their packaging, or associated redemption data. The law establishes specific penalties based on the value of the gift card or amount fraudulently obtained, treating these acts as distinct crimes separate from general theft or fraud statutes.

Why is this important

Gift card fraud is a growing problem affecting both consumers and retailers, with criminals targeting card data before purchase or tampering with cards at point-of-sale. By creating dedicated offenses with specific penalties, the law provides clearer legal tools for prosecution and deterrence, while establishing consistent standards across Texas for what constitutes gift card-related crimes.

Potential points of contention

  • Scope and redundancy: Critics may argue the law creates unnecessary overlap with existing theft and fraud statutes, potentially complicating prosecution rather than streamlining it
  • Definitional clarity: The bill's specific language around "tampering," "possession," and "redemption information" may be subject to legal interpretation disputes, particularly regarding digital versus physical card fraud
  • Enforcement burden: Small retailers and businesses may face compliance challenges understanding which activities trigger criminal liability, and law enforcement resources required to investigate and prosecute these offenses

Compiled from official sources — confirm details with the bill’s official record.

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