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Committee adopts amendment and advances theft bill aimed at large-scale gift-card fraud
Summary
Senate Bill 38, which raises theft penalties to match the value of stolen gift cards and clarifies restitution, was reported as amended after the committee added a conforming restitution reference to the code of criminal procedure.
Senate Bill 38, carried by Sen. Hensgens, would create a theft offense tied specifically to gift cards and would set the maximum penalty equal to the total retail value of cards taken. The bill was heard and the committee adopted an amendment (conforming restitution language referencing Code of Criminal Procedure article 883.3) to align the proposed restitution rules with existing law.
Sen. Hensgens described systems used by organized groups to steal and drain gift-card balances and warned that current penalties do not account for the predictable downstream loss when stolen cards are re‑encoded and sold. Committee counsel read the technical amendment into the record; witnesses from major retailers and trade associations submitted green cards in support but did not speak.
With no opposition cards filed, the measure was reported as amended to the full House for further consideration.
