Goto previous pageGoto next page
pg. 359

Texas Laws | Business and Commerce Code
BUSINESS AND COMMERCE CODE
TITLE 11. PERSONAL IDENTITY INFORMATION

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (11993)

Amended by: (11994)

Acts 2009, 81st Leg., R.S., Ch. 419 (H.B. 2004), Sec. 3, eff. September 1, 2009. (11995)

Acts 2011, 82nd Leg., R.S., Ch. 1126 (H.B. 300), Sec. 14, eff. September 1, 2012. (11996)

Acts 2013, 83rd Leg., R.S., Ch. 1368 (S.B. 1610), Sec. 1, eff. June 14, 2013. (11997)

SUBCHAPTER C. COURT ORDER DECLARING INDIVIDUAL A VICTIM OF IDENTITY THEFT (11998)(Text)
Sec. 521.101. APPLICATION FOR COURT ORDER TO DECLARE INDIVIDUAL A VICTIM OF IDENTITY THEFT. (11999)(Text)

(a) A person who is injured by a violation of Section 521.051 or who has filed a criminal complaint alleging commission of an offense under Section 32.51, Penal Code, may file an application with a district court for the issuance of an order declaring that the person is a victim of identity theft. (12000)

(b) A person may file an application under this section regardless of whether the person is able to identify each person who allegedly transferred or used the person's identifying information in an unlawful manner. (12001)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (12002)

Sec. 521.102. PRESUMPTION OF APPLICANT'S STATUS AS VICTIM. (12003)(Text)

An applicant under Section 521.101 is presumed to be a victim of identity theft under this subchapter if the person charged with an offense under Section 32.51, Penal Code, is convicted of the offense. (12004)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (12005)

Sec. 521.103. ISSUANCE OF ORDER; CONTENTS. (12006)(Text)

(a) After notice and hearing, if the court is satisfied by a preponderance of the evidence that an applicant under Section 521.101 has been injured by a violation of Section 521.051 or is the victim of an offense under Section 32.51, Penal Code, the court shall enter an order declaring that the applicant is a victim of identity theft resulting from a violation of Section 521.051 or an offense under Section 32.51, Penal Code, as appropriate. (12007)

(b) An order under this section must contain: (12008)

(1) any known information identifying the violator or person charged with the offense; (12009)

(2) the specific personal identifying information and any related document used to commit the alleged violation or offense; and (12010)

(3) information identifying any financial account or transaction affected by the alleged violation or offense, including: (12011)

(A) the name of the financial institution in which the account is established or of the merchant involved in the transaction, as appropriate; (12012)

(B) any relevant account numbers; (12013)

(C) the dollar amount of the account or transaction affected by the alleged violation or offense; and (12014)

(D) the date of the alleged violation or offense. (12015)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (12016)

Sec. 521.104. CONFIDENTIALITY OF ORDER. (12017)(Text)

(a) An order issued under Section 521.103 must be sealed because of the confidential nature of the information required to be included in the order. The order may be opened and the order or a copy of the order may be released only: (12018)

(1) to the proper officials in a civil proceeding brought by or against the victim arising or resulting from a violation of this chapter, including a proceeding to set aside a judgment obtained against the victim; (12019)

(2) to the victim for the purpose of submitting the copy of the order to a governmental entity or private business to: (12020)

(A) prove that a financial transaction or account of the victim was directly affected by a violation of this chapter or the commission of an offense under Section 32.51, Penal Code; or (12021)

(B) correct any record of the entity or business that contains inaccurate or false information as a result of the violation or offense; (12022)

(3) on order of the judge; or (12023)

(4) as otherwise required or provided by law. (12024)

(b) A copy of an order provided to a person under Subsection (a)(1) must remain sealed throughout and after the civil proceeding. (12025)

(c) Information contained in a copy of an order provided to a governmental entity or business under Subsection (a)(2) is confidential and may not be released to another person except as otherwise required or provided by law. (12026)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (12027)

Sec. 521.105. GROUNDS FOR VACATING ORDER. (12028)(Text)

A court at any time may vacate an order issued under Section 521.103 if the court finds that the application filed under Section 521.101 or any information submitted to the court by the applicant contains a fraudulent misrepresentation or a material misrepresentation of fact. (12029)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (12030)

SUBCHAPTER D. REMEDIES (12031)(Text)
Sec. 521.151. CIVIL PENALTY; INJUNCTION. (12032)(Text)

(a) A person who violates this chapter is liable to this state for a civil penalty of at least $2,000 but not more than $50,000 for each violation. The attorney general may bring an action to recover the civil penalty imposed under this subsection. (12033)

Goto previous page359Goto next page

  

Our Mission
Objective

Our mission is to provide citizens free access to the laws and codes of their state utilizing a unique search engine that matches clients with qualified legal professionals who can help with specific issues.

Our goal is to do this in a manner that promotes open government and freedom of information, while providing attorneys with valuable tools to connect with qualified prospects in need of professional services.

Ignorance Is No Excuse
Your Right To Know The Law

All citizens have a right to have access to the laws that govern them. Citizen awareness and participation in government is fundamental to ensuring a sound democracy.

Although unfettered access to the law is a fundamental right to all citizens, there is no substitute for experienced legal counsel.

We do not recommend self-representation. We do, however, recognize that in an age where people routinely research legal matters online using everything from a smartphone to their xbox, both attorneys and clients alike can benefit from this resource.