Monitoring the Session

HB 3168

Gift Card Offense Climbs To A First-Degree Felony At $300K

Died in committee

Verdict: Smells

SmellsInitial review
Rep. David CookRHouse 96
Why it's charged
Already a crime

THE TEXT

“(1) acquires or retains possession of a gift card or”…

Bill text, introduced version (I)

Based on general knowledge of Texas law, not the bill text, taking property without consent is already theft, and existing fraud and card-abuse offenses may cover much of this conduct. The bill may mostly add a gift-card-specific label.

Already a crime

Initial review · graded Oct 20, 2026 · Headline, summary and grade are analysis of the bill text, not a finding about any person · How we grade

Caption

relating to the creation of the offense of fraudulent use or possession of a gift card or gift card redemption information.

Caption from analyzed text · version I.

Summary

Starts at a Class C misdemeanor under $100. Existing theft law may already cover much of it.

The bill adds a new Penal Code offense for taking, keeping, altering, or using a gift card or its redemption code with intent to harm or defraud. It reaches anyone who handles gift cards or their codes without the consent of the cardholder, the issuer, or the seller. Penalties scale with the card value, from a Class C misdemeanor under $100 up to a first-degree felony at $300,000 or more, starting September 1, 2025.

Receipt

The receipt

89R-HB3168 · 2025-02-21

SOLD BY

Rep. David CookRHouse 96

ITEM

relating to the creation of the offense of fraudulent use or possession of a gift card or gift card redemption information.

WHAT IT DOES

Starts at a Class C misdemeanor under $100. Existing theft law may already cover much of it.

The bill adds a new Penal Code offense for taking, keeping, altering, or using a gift card or its redemption code with intent to harm or defraud. It reaches anyone who handles gift cards or their codes without the consent of the cardholder, the issuer, or the seller. Penalties scale with the card value, from a Class C misdemeanor under $100 up to a first-degree felony at $300,000 or more, starting September 1, 2025.

CHARGES

[x] ALREADY A CRIMEanalysis confidence 45%

THE TEXT

“(1) acquires or retains possession of a gift card or”…

Bill text, introduced version (I)

Based on general knowledge of Texas law, not the bill text, taking property without consent is already theft, and existing fraud and card-abuse offenses may cover much of this conduct. The bill may mostly add a gift-card-specific label.

TOTAL

No fiscal note in the loaded record.

HISTORY

  1. Filed
  2. Read first time
  3. Referred to Pensions, Investments & Financial Services
FILED UNDER

No verified beat found.

Smells

THANK YOU FOR CHECKING THE RECEIPT

CAMPAIGN PAID FOR BY

CAMPAIGN PAID FOR BY

David Cook

Donors

Texans for Lawsuit Reform PAC$350KGOPAC Election Fund$115KTexas REALTORS Political Action Committee$60K

Not tied to this bill.

Sources

The author's campaign account only. Own money and internal transfers are separate on the member page.

Derived itemized flow · Oct 28, 2024 to Oct 24, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Texans for Lawsuit Reform PAC$350,000.00

Texans for Lawsuit Reform PAC

$350,000.00

Cash
$350,000.00
Paid by others
$0.00
Total
$350,000.00

Also funds 124 other sitting lawmakers.

Derived recipient stock · Jul 10, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Jun 24, 2025 to Oct 23, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101012315, 101037124, 101037559, 101066332, 101070691.

GOPAC Election Fund$115,000.00

GOPAC Election Fund

$115,000.00

Cash
$115,000.00
Paid by others
$0.00
Total
$115,000.00

Also funds 2 other sitting lawmakers.

Derived recipient stock · Jul 17, 2025 to Oct 15, 2026. State data as of Nov 4, 2026.

Name match, not a verified identity: normalized filed name and state.

Sources

Derived itemized flow · on Sep 20, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101066332.

Texas REALTORS Political Action Committee$60,000.00

Texas REALTORS Political Action Committee

$60,000.00

Cash
$60,000.00
Paid by others
$0.00
Total
$60,000.00

Also funds 140 other sitting lawmakers.

Derived recipient stock · Jul 2, 2024 to Oct 24, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Sep 12, 2025 to Jul 16, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101037124, 101037559, 101066332.

Money

Missing data does not establish zero giving. Display amounts are rounded.

×

Texans for Lawsuit Reform PAC

$350,000.00

Cash
$350,000.00
Paid by others
$0.00
Total
$350,000.00

Also funds 124 other sitting lawmakers.

Derived recipient stock · Jul 10, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Jun 24, 2025 to Oct 23, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101012315, 101037124, 101037559, 101066332, 101070691.

×

GOPAC Election Fund

$115,000.00

Cash
$115,000.00
Paid by others
$0.00
Total
$115,000.00

Also funds 2 other sitting lawmakers.

Derived recipient stock · Jul 17, 2025 to Oct 15, 2026. State data as of Nov 4, 2026.

Name match, not a verified identity: normalized filed name and state.

Sources

Derived itemized flow · on Sep 20, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101066332.

×

Texas REALTORS Political Action Committee

$60,000.00

Cash
$60,000.00
Paid by others
$0.00
Total
$60,000.00

Also funds 140 other sitting lawmakers.

Derived recipient stock · Jul 2, 2024 to Oct 24, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Sep 12, 2025 to Jul 16, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101037124, 101037559, 101066332.

Votes

No floor vote loaded for this bill.

Fiscal

No fiscal note in the loaded record.

How this was graded

Analysis of text version I by claude-opus-5-5, Oct 20, 2026, against the published rubric.

Sources

Texas House · Filed Feb 21, 2025

03/20/2025 H Referred to Pensions, Investments & Financial Services: Mar 20 2025 11:50AM

Texas Legislature Online · Introduced

Data snapshot Oct 26, 2026 at 4:19 AM CDT. Grades, charges, quotes and corrections follow the published record.

House committee · Pensions, Investments & Financial Services · Final status: Died in committee

Companion

SB 1809 by Flores (identical)

HB 3014 by Lambert (duplicate)

Subjects

Business & Commerce--General

Crimes--Against Property

Financial--General

FRAUD

Text

The text as introduced · 521 words

89R10222 JDK-F

By: Cook
H.B. No. 3168

A BILL TO BE ENTITLED

AN ACT

relating to the creation of the offense of fraudulent use or

possession of a gift card or gift card redemption information.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter D, Chapter 32, Penal Code, is amended

by adding Section 32.56 to read as follows:

Sec. 32.56. FRAUDULENT USE OR POSSESSION OF GIFT CARD OR

GIFT CARD REDEMPTION INFORMATION. (a) In this section:

(1) "Cardholder" means a person to whom a physical or

virtual gift card is given or any person who purchased the gift

card.

(2) "Card issuer" means any person that issues a gift

card or the agent of that person with respect to the card.

(3) "Gift card" means a card, code, or device that is

issued to a consumer on a prepaid basis in a specified amount and

redeemable upon presentation for the purchase of goods or services

and that is either activated or inactivated.

(4) "Gift card redemption information" means

information unique to each gift card that allows the cardholder to

access, transfer, or spend funds on the gift card.

(5) "Gift card seller" means a merchant engaged in the

business of selling gift cards to consumers.

(b) A person commits an offense if the person, with the

intent to harm or defraud another:

(1) acquires or retains possession of a gift card or

gift card redemption information without the consent of the

cardholder, card issuer, or gift card seller;

(2) alters or tampers with a gift card; or

(3) uses or attempts to use a gift card or gift card

redemption information to obtain goods, services, or anything else

of value with knowledge that the gift card or gift card redemption

information has been obtained in violation of Subdivision (1) or

altered or tampered with.

(c) An offense under this section is:

(1) a Class C misdemeanor if the value of the gift

card, gift cards, or gift card redemption information involved is

less than $100;

(2) a Class B misdemeanor if the value of the gift

card, gift cards, or gift card redemption information involved is

$100 or more but less than $750;

(3) a Class A misdemeanor if the value of the gift

card, gift cards, or gift card redemption information involved is

$750 or more but less than $2,500;

(4) a state jail felony if the value of the gift card,

gift cards, or gift card redemption information involved is $2,500

or more but less than $30,000;

(5) a felony of the third degree if the value of the

gift card, gift cards, or gift card redemption information involved

is $30,000 or more but less than $150,000;

(6) a felony of the second degree if the value of the

gift card, gift cards, or gift card redemption information involved

is $150,000 or more but less than $300,000; and

(7) a felony of the first degree if the value of the

gift card, gift cards, or gift card redemption information involved

is $300,000 or more.

SECTION 2. This Act takes effect September 1, 2025.