TX SB1809

Creates a new criminal offense under Texas Penal Code Section 32.56 for fraudulent use, possession, or tampering with gift cards, gift card packaging, digital imprints, or gift card redemption information with intent to harm or defraud

Prohibited conduct includes acquiring gift cards without consent, altering or tampering with cards or packaging, using counterfeit or stolen gift cards, and placing tampered unactivated cards on retail displays to deceive consumers

Establishes a rebuttable presumption that possession of three or more gift cards, counterfeit cards, or digital imprints was obtained without consent (exempting legitimate businesses and government agencies)

Penalty levels scale based on number of cards involved: fewer than 5 cards is a state jail felony; 5-9 cards is a third degree felony; 10-49 cards is a second degree felony; 50 or more cards is a first degree felony

Takes effect September 1, 2025; passed the Senate 29-1 on April 9, 2025 and the House 140-0 on April 29, 2025