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AN ACT
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relating to the creation of the offense of installation, transfer, |
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use, or possession of an automated sales suppression device or |
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phantom-ware. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle B, Title 10, Business & Commerce Code, |
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is amended by adding Chapter 326 to read as follows: |
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CHAPTER 326. AUTOMATED SALES SUPPRESSION DEVICES; PHANTOM-WARE |
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Sec. 326.001. DEFINITIONS. In this chapter: |
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(1) "Automated sales suppression device" means a |
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device or software program that falsifies an electronic record, |
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including transaction data or a transaction report, of an |
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electronic cash register or other point-of-sale system. The term |
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includes a device that carries the software program or an Internet |
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link to the software program. |
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(2) "Electronic cash register" means a device or |
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point-of-sale system that maintains a register or documentation |
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through an electronic device or computer system that is designed to |
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record transaction data for the purpose of computing, compiling, or |
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processing retail sales transaction data. |
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(3) "Phantom-ware" means a hidden programming option |
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that is embedded in the operating system of an electronic cash |
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register or hardwired into an electronic cash register and that may |
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be used to create a second set of transaction reports or to |
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eliminate or manipulate an original transaction report, which may |
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or may not be preserved in a digital format, to represent the |
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original or manipulated report of a transaction in the electronic |
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cash register. |
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(4) "Transaction data" includes data identifying an |
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item purchased by a customer, a price for an item, a taxability |
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determination for an item, a segregated tax amount for an item, an |
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amount of cash or credit tendered for an item, a net amount of cash |
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returned to a customer who purchased an item, a date or time of a |
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purchase, a receipt or invoice number for a transaction, and a |
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vendor's name, address, or identification number. |
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(5) "Transaction report" means a report that: |
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(A) contains documentation of each sale, amount |
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of tax or fee collected, media total, or discount void at an |
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electronic cash register and that is printed on a cash register tape |
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at the end of a day or a shift; or |
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(B) documents every action at an electronic cash |
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register and is stored electronically. |
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Sec. 326.002. AUTOMATED SALES SUPPRESSION DEVICES AND |
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PHANTOM-WARE PROHIBITED; CRIMINAL OFFENSE. (a) A person commits |
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an offense if the person knowingly sells, purchases, installs, |
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transfers, uses, or possesses an automated sales suppression device |
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or phantom-ware. |
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(b) An offense under this section is a state jail felony. |
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SECTION 2. Subdivision (2), Article 59.01, Code of Criminal |
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Procedure, is amended to read as follows: |
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(2) "Contraband" means property of any nature, |
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including real, personal, tangible, or intangible, that is: |
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(A) used in the commission of: |
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(i) any first or second degree felony under |
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the Penal Code; |
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(ii) any felony under Section 15.031(b), |
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20.05, 21.11, 38.04, or Chapter 43, 20A, 29, 30, 31, 32, 33, 33A, or |
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35, Penal Code; |
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(iii) any felony under The Securities Act |
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(Article 581-1 et seq., Vernon's Texas Civil Statutes); or |
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(iv) any offense under Chapter 49, Penal |
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Code, that is punishable as a felony of the third degree or state |
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jail felony, if the defendant has been previously convicted three |
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times of an offense under that chapter; |
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(B) used or intended to be used in the commission |
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of: |
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(i) any felony under Chapter 481, Health |
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and Safety Code (Texas Controlled Substances Act); |
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(ii) any felony under Chapter 483, Health |
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and Safety Code; |
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(iii) a felony under Chapter 153, Finance |
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Code; |
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(iv) any felony under Chapter 34, Penal |
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Code; |
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(v) a Class A misdemeanor under Subchapter |
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B, Chapter 365, Health and Safety Code, if the defendant has been |
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previously convicted twice of an offense under that subchapter; |
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(vi) any felony under Chapter 152, Finance |
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Code; |
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(vii) any felony under Chapter 32, Human |
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Resources Code, or Chapter 31, 32, 35A, or 37, Penal Code, that |
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involves the state Medicaid program; |
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(viii) a Class B misdemeanor under Chapter |
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522, Business & Commerce Code; |
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(ix) a Class A misdemeanor under Section |
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306.051, Business & Commerce Code; |
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(x) any offense under Section 42.10, Penal |
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Code; |
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(xi) any offense under Section 46.06(a)(1) |
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or 46.14, Penal Code; |
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(xii) any offense under Chapter 71, Penal |
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Code; [or] |
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(xiii) any offense under Section 20.05, |
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Penal Code; or |
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(xiv) an offense under Section 326.002, |
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Business & Commerce Code; |
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(C) the proceeds gained from the commission of a |
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felony listed in Paragraph (A) or (B) of this subdivision, a |
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misdemeanor listed in Paragraph (B)(viii), (x), (xi), or (xii) of |
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this subdivision, or a crime of violence; |
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(D) acquired with proceeds gained from the |
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commission of a felony listed in Paragraph (A) or (B) of this |
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subdivision, a misdemeanor listed in Paragraph (B)(viii), (x), |
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(xi), or (xii) of this subdivision, or a crime of violence; |
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(E) used to facilitate or intended to be used to |
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facilitate the commission of a felony under Section 15.031 or |
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43.25, Penal Code; or |
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(F) used to facilitate or intended to be used to |
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facilitate the commission of a felony under Section 20A.02 or |
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Chapter 43, Penal Code. |
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SECTION 3. This Act takes effect September 1, 2013. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 529 passed the Senate on |
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March 13, 2013, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 529 passed the House on |
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May 14, 2013, by the following vote: Yeas 143, Nays 0, two |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |