TX SB2372

Creates a new criminal offense under Texas Penal Code Section 32.316 for fraudulent use, possession, or tampering with gift cards or gift card data, requiring intent to harm or defraud another without the owner's consent

Prohibits specific conduct including removing unactivated gift cards from stores without purchase, placing stolen cards back on display racks, possessing unpurchased gift card data, and possessing or using counterfeit gift cards

Establishes a rebuttable presumption that possession of three or more unactivated gift cards, counterfeit cards, or digital imprints without purchase indicates lack of owner consent (exempts businesses and government agencies acting lawfully)

Sets graduated felony penalties based on quantity: state jail felony for fewer than 5 cards; third-degree felony for 5-9 cards; second-degree felony for 10-49 cards; first-degree felony for 50 or more cards

Allows courts to order restitution for lost income and expenses (excluding attorney's fees) and permits prosecution under this law, other applicable laws, or both; takes effect September 1, 2025