TX HB4729

Creates a new criminal offense for fraudulent use, possession, or tampering with gift cards or gift card data, including removing unactivated gift cards from stores, placing stolen cards back on retail displays, possessing digital imprint data without purchase, or using counterfeit gift cards

Establishes a rebuttable presumption that possession of three or more unactivated gift cards, counterfeit cards, or unpurchased digital imprints is without owner consent, with exemptions for legitimate businesses and government agencies

Sets tiered felony penalties based on number of items involved: state jail felony for fewer than 5 items; third-degree felony for 5-9 items; second-degree felony for 10-49 items; first-degree felony for 50 or more items

Defines "counterfeit gift card" as cards falsely purporting to be from an issuer, containing altered digital imprints, or having mismatched digital and printed information

Authorizes courts to order restitution for lost income and expenses incurred by victims, and allows prosecution under this law alongside other applicable laws