TX HB3168

Creates a new criminal offense under Texas Penal Code Section 32.56 for fraudulently acquiring, possessing, altering, tampering with, or using gift cards or gift card redemption information with intent to harm or defraud another person

Defines key terms including "gift card" (physical or virtual prepaid cards, codes, or devices redeemable for goods/services), "cardholder," "card issuer," "gift card seller," and "gift card redemption information"

Establishes a tiered penalty structure based on the value involved: Class C misdemeanor (under $100), Class B misdemeanor ($100-$749), Class A misdemeanor ($750-$2,499), state jail felony ($2,500-$29,999), third degree felony ($30,000-$149,999), second degree felony ($150,000-$299,999), and first degree felony ($300,000 or more)

Applies to both physical and virtual gift cards, as well as to cards that are either activated or inactivated

Takes effect September 1, 2025