SB 1809: Gift Cards Get Their Own Penal Code Offense

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

Class C under $100, first-degree felony at $300K. Theft law likely covers much of it already.

The bill adds a new Penal Code offense for using, holding, or tampering with a gift card or its redemption codes with intent to harm or defraud someone. It reaches anyone who takes card numbers or codes without the consent of the cardholder, issuer, or seller, alters a card, or spends a card they know was taken or tampered with. Penalties scale by dollar 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-SB1809 · 2025-03-03

SOLD BY

Sen. Pete FloresRSenate 24

+ 2 coauthors

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

Class C under $100, first-degree felony at $300K. Theft law likely covers much of it already.

The bill adds a new Penal Code offense for using, holding, or tampering with a gift card or its redemption codes with intent to harm or defraud someone. It reaches anyone who takes card numbers or codes without the consent of the cardholder, issuer, or seller, alters a card, or spends a card they know was taken or tampered with. Penalties scale by dollar 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 40%

THE TEXT

“alters or tampers with a gift card; or”…

Bill text, introduced version (I)

Based on general knowledge of Texas law, not the bill text, theft and existing fraud provisions likely already cover much of this conduct, so the new section partly relabels it. The tampering and possession-of-codes pieces may add something new, so confidence is low.

TOTAL

No first-year general revenue figure available here.

LBB estimate · fiscal note version S · source

Sources

Fiscal note · version S · April 3, 2025

Creating a new criminal offense may result in an increase in demands upon state and local correctional resources due to a possible increase in the number of individuals placed under supervision in the community or sentenced to a term of confinement. The fiscal implications of the bill cannot be determined due to a lack of data to estimate the prevalence of conduct outlined in the bill's provisions that would be subject to criminal penalties.

LBB published estimates · flow over the stated periods.

Source snapshot 2026-10-19, Central time.

HISTORY

Mar 3, 2025Received by the Secretary of the Senate
Mar 3, 2025Filed
Mar 13, 2025Read first time
Mar 13, 2025Referred to Criminal Justice
Apr 1, 2025Scheduled for public hearing on . . .
Apr 1, 2025Considered in public hearing
Apr 1, 2025Testimony taken in committee
Apr 1, 2025Vote taken in committee
Apr 3, 2025Reported favorably as substituted
Apr 3, 2025Recommended for local & uncontested calendar
Apr 3, 2025Committee report printed and distributed
Apr 8, 2025Placed on intent calendar
Apr 9, 2025Co-author authorized
Apr 9, 2025Rules suspended-Regular order of business
Apr 9, 2025Vote recorded in Journal
Apr 9, 2025Read 2nd time & passed to engrossment
Apr 9, 2025Vote recorded in Journal
Apr 9, 2025Three day rule suspended
Apr 9, 2025Record vote
Apr 9, 2025Read 3rd time
Apr 9, 2025Passed
Apr 9, 2025Record vote
Apr 9, 2025Reported engrossed
Apr 10, 2025Received from the Senate
Apr 17, 2025Read first time
Apr 17, 2025Referred to Pensions, Investments & Financial Services
Apr 23, 2025Considered in public hearing
Apr 23, 2025Reported favorably w/o amendment(s)
Apr 24, 2025Comte report filed with Committee Coordinator
Apr 24, 2025Committee report distributed
Apr 25, 2025Committee report sent to Calendars
Apr 28, 2025Laid out in lieu of companion HB 3014
Apr 28, 2025Read 2nd time
Apr 28, 2025Passed to 3rd reading
Apr 28, 2025Record vote RV#648
Apr 28, 2025Statement(s) of vote recorded in Journal
Apr 29, 2025Read 3rd time
Apr 29, 2025Passed
Apr 29, 2025Record vote RV#791
Apr 29, 2025House passage reported
Apr 29, 2025Reported enrolled
Apr 30, 2025Signed in the Senate
May 1, 2025Signed in the House
May 1, 2025Sent to the Governor
May 13, 2025Signed by the Governor
May 13, 2025Effective on 9/1/25

FILED UNDER

No verified beat found.

SIGNED FOR BY

House · 140 yea · 6 nay

Senate · 29 yea · 1 nay

Sources

House: Final passage · Apr 29, 2025. Journal. Published stock for this vote. Snapshot 2026-10-19, Central time.

Senate: Final passage · Apr 9, 2025. Journal. Published stock for this vote. Snapshot 2026-10-19, Central time.

All floor motions and other positions below.

Smells

THANK YOU FOR CHECKING THE RECEIPT

CAMPAIGN PAID FOR BY

Pete Flores

Donors

Texans for Lawsuit Reform PAC$55KMorris Jaffe$25,000Justin Jaffe$25,000

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 · Jul 12, 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$55,000.00

Texans for Lawsuit Reform PAC

$55,000.00

Cash: $55,000.00
Paid by others: $0.00
Total: $55,000.00

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 · Dec 13, 2024 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: 100985131, 101008112, 101072110.

Morris Jaffe$25,000.00

Justin Jaffe$25,000.00

Money

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

×

Texans for Lawsuit Reform PAC

$55,000.00

Cash: $55,000.00
Paid by others: $0.00
Total: $55,000.00

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 · Dec 13, 2024 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: 100985131, 101008112, 101072110.

Votes5

House Apr 29, 2025

Yea: 140
Nay: 6
Present, not voting: 2
Absent: 1
Excused: 1

Names

Named positions matched to lawmakers. See the journal for unmatched names.

House journal

Sources

Record 791

SB 1809 was passed by (Record 791): 140 Yeas, 6 Nays, 2 Present, not voting.

Published stock of positions for this vote, except where marked derived.

Yea: 140 (published)
Nay: 6 (published)
Present, not voting: 2 (published)
Absent: 1 (derived from named list)
Excused: 1 (derived from named list)

House journal. Source snapshot 2026-10-19, Central time.

House Apr 28, 2025

Yea: 145
Nay: 0
Present, not voting: 2
Absent: 2
Excused: 1

Names

Named positions matched to lawmakers. See the journal for unmatched names.

House journal

Sources

Record 648

SB 1809 was passed to third reading by (Record 648): 145 Yeas, 0 Nays, 2 Present, not voting.

Published stock of positions for this vote, except where marked derived.

Yea: 145 (published)
Nay: 0 (published)
Present, not voting: 2 (published)
Absent: 2 (derived from named list)
Excused: 1 (derived from named list)

House journal. Source snapshot 2026-10-19, Central time.

Senate Apr 9, 2025

Yea: 29
Nay: 1
Present, not voting: Not printed
Absent: Not printed
Excused: 1

Names

KingExcused
EckhardtNay

Named positions matched to lawmakers. See the journal for unmatched names.

Senate journal

Names were not printed for yea. Only the named positions are included in member records.

Sources

The bill was read third time and was passed by the following vote: Yeas 29, Nays 1. (Same as previous roll call)

Published stock of positions for this vote, except where marked derived.

Yea: 29 (published)
Nay: 1 (published)
Present, not voting: Not printed
Absent: Not printed
Excused: 1 (derived from named list)

Senate journal. Source snapshot 2026-10-19, Central time.

Senate Apr 9, 2025

Yea: 29
Nay: 1
Present, not voting: Not printed
Absent: Not printed
Excused: 1

Names

KingExcused
EckhardtNay

Named positions matched to lawmakers. See the journal for unmatched names.

Senate journal

Names were not printed for yea. Only the named positions are included in member records.

Sources

Senator Flores moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 1809 be placed on its third reading and final passage. The motion prevailed by the following vote: Yeas 29, Nays 1.

Published stock of positions for this vote, except where marked derived.

Yea: 29 (published)
Nay: 1 (published)
Present, not voting: Not printed
Absent: Not printed
Excused: 1 (derived from named list)

Senate journal. Source snapshot 2026-10-19, Central time.

Senate Apr 9, 2025

Yea: Not printed
Nay: Not printed
Present, not voting: Not printed
Absent: Not printed
Excused: 1

Names

KingExcused
EckhardtNay

Named positions matched to lawmakers. See the journal for unmatched names.

Senate journal

Names were not printed for yea. Only the named positions are included in member records.

Voice vote. No numeric tally or individual yeas are inferred.

Sources

Senator Flores moved to suspend the regular order of business to take up for consideration CSSB 1809 at this time on its second reading: CSSB 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. The motion prevailed. Senator Eckhardt asked to be recorded as voting "Nay" on suspension of the regular order of business. The bill was read second time and was passed to engrossment by a viva voce vote.

Published stock of positions for this vote, except where marked derived.

Yea: Not printed
Nay: Not printed
Present, not voting: Not printed
Absent: Not printed
Excused: 1 (derived from named list)

Senate journal. Source snapshot 2026-10-19, Central time.

Witnesses17

For: 17
Against: 0
On: 0

Names

For

Combined Law Enforcement Associations of Texas (CLEAT)1 registration
Harris County Deputies' Organization FOP #391 registration
Home Depot1 registration
Houston Police Department1 registration
Independent Bankers Assoc of TX1 registration
Self; 106th Judicial District Attorney1 registration
Self; Chambers County District Attorney’s Office1 registration
Self; Comal County Criminal District Attorney1 registration
Self; Houston Police Officers’ Union1 registration
Self; Sheriffs Association of Texas1 registration
Self; Sheriffs’ Association of Texas1 registration
Target Corporation1 registration
Texas Municipal Police Association (TMPA)1 registration
Texas Restaurant Association1 registration
Texas Retailers Association1 registration
United Supermarkets1 registration
Walmart1 registration

Sources

17 parsed registrations across the loaded witness lists.

Derived stock of witness registrations. Repeated appearances count separately. Organizations and self-representation appear as printed.

Senate witness list. Source snapshot 2026-10-20, Central time.

Fiscal

No first-year general revenue figure available here.

LBB estimate · fiscal note version S · source

Sources

Fiscal note · version S · April 3, 2025

Creating a new criminal offense may result in an increase in demands upon state and local correctional resources due to a possible increase in the number of individuals placed under supervision in the community or sentenced to a term of confinement. The fiscal implications of the bill cannot be determined due to a lack of data to estimate the prevalence of conduct outlined in the bill's provisions that would be subject to criminal penalties.

LBB published estimates · flow over the stated periods.

Source snapshot 2026-10-19, Central time.

How this was graded

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

Sources

Texas Senate · Filed Mar 3, 2025

05/13/2025 E Effective on 9/1/25

Texas Legislature Online · Introduced · Senate Committee Report · Engrossed · House Committee Report · Enrolled

Data snapshot Oct 26, 2026 at 4:20 AM CDT. Grades, charges, quotes and corrections follow the published record.

Coauthors

Paul BettencourtRSenate 7

Lois KolkhorstRSenate 18

Companion

HB 3014 by Lambert (identical)

HB 3168 by Cook (identical)

Subjects

Business & Commerce--General

Crimes--Against Property

Financial--General

FRAUD

Text

The text as introduced · 521 words

89R10222 JDK-F

By: Flores
S.B. No. 1809

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.

Verdict: Smells

The receipt

SOLD BY

ITEM

WHAT IT DOES

CHARGES

TOTAL

HISTORY

SIGNED FOR BY

Donors

Texans for Lawsuit Reform PAC

Texans for Lawsuit Reform PAC

House Apr 29, 2025

House Apr 28, 2025

Senate Apr 9, 2025

Senate Apr 9, 2025

Senate Apr 9, 2025

For

Companion