HBA-NMO S.B. 46 76(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 46 By: Carona Criminal Jurisprudence 3/23/1999 Engrossed BACKGROUND AND PURPOSE Current law provides criminal penalties for credit card fraud and forgery, but does not provide a criminal penalty for the behavior leading up to the fraud. S.B. 46 provides that a person commits a state jail felony if the person fraudulently uses or possesses the identifying information of another person. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter D, Chapter 32, Penal Code, by adding Section 32.51, as follows: Sec. 32.51. FRAUDULENT USE OR POSSESSION OF IDENTIFYING INFORMATION. Defines "identifying information" and "telecommunication access device." Provides that a person commits a state jail felony offense if the person obtains, possesses, transfers, or uses identifying information of another person without the other person's consent and with intent to harm or defraud another. Authorizes a court to include in restitution to the victim any lost income or other expenses, other than attorney's fees, incurred as a result of the offense. Authorizes the prosecution of an offender under this section or any other applicable law. SECTION 2. Effective date: September 1, 1999. SECTION 3. Emergency clause.