Texas § GV.426.001 - DEFINITIONS

§ GV.426.001. DEFINITIONS

DEFINITIONS. In this chapter: (1) "Card fraud" means an act that constitutes the offense of fraudulent use or possession of a credit card or debit card under Section 32.315 , Penal Code. (2) "Center" means the financial crimes intelligence center established under this chapter. (2-a) "Check fraud" means conduct that constitutes an offense under Section 32.21 , Penal Code, with respect to a sight order, as defined by Section 1.07 , Penal Code. (3) "Commission" means the Texas Commission of Licensing and Regulation. (4) "Department" means the Texas Department of Licensing and Regulation. Text of subdivision as added by Acts 2025, 89th Leg., R.S., Ch. 17 (S.B. 1499 ), Sec. 1 (4-a) "Electronic fund transfer" means any transfer of funds, other than a transaction originated by check, money order, or similar paper instrument, that is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape and that orders, instructs, or authorizes a financial institution to debit or credit an account. Text of subdivision as added by Acts 2025, 89th Leg., R.S., Ch. 542 (H.B. 201 ), Sec. 1 (4-a) "Motor fuel manipulation device" means a mechanism manufactured, assembled, or adapted to manipulate or alter a motor fuel metering device or a motor fuel unattended payment terminal for an unlawful purpose. Text of subdivision as added by Acts 2025, 89th Leg., R.S., Ch. 17 (S.B. 1499 ), Sec. 1 (4-b) "Payment fraud" means: (A) conduct constituting card fraud or check fraud; (B) sending an unauthorized payment order; (C) initiating an electronic fund transfer without the consent of the account holder; or (D) any other act involving a fraudulent order for payment of money, as defined by commission rule. Text of subdivision as added by Acts 2025, 89th Leg., R.S., Ch. 542 (H.B. 201 ), Sec. 1 (4-b) "Motor fuel theft" means an act that: (A) constitutes an offense under Section 31.03 , Penal Code; and (B) qualifies for an affirmative finding of motor fuel theft under Article 42.019 , Code of Criminal Procedure. (5) "Skimmer" means an electronic, mechanical, or other device that may be used to unlawfully intercept electronic communications or data to perpetrate card fraud. The term includes a credit card shimmer. (6) "Unauthorized payment order" means a payment order received by a receiving bank that is not: (A) an authorized order of a customer identified as sender under Section 4A.202 (a), Business & Commerce Code; or (B) effective as an order of the customer under Section 4A.202 (b) of that code. Added by Acts 2019, 86th Leg., R.S., Ch. 863 (H.B. 2945 ), Sec. 2, eff. September 1, 2019. Transferred, redesignated and amended by Acts 2021, 87th Leg., R.S., Ch. 336 (H.B. 2106 ), Sec. 11, eff. September 1, 2021. Transferred, redesignated and amended from Occupations Code, Chapter 2312 by Acts 2025, 89th Leg., R.S., Ch. 17 (S.B. 1499 ), Sec. 1, eff. September 1, 2025. Amended by: Acts 2025, 89th Leg., R.S., Ch. 542 (H.B. 201 ), Sec. 1, eff. September 1, 2025.