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Current as of January 01, 2024 | Updated by Findlaw Staff
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.
(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.
(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.
(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.
(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.
Cite this article: FindLaw.com - Texas Government Code - GOV'T § 426.001 . Definitions - last updated January 01, 2024 | https://codes.findlaw.com/tx/government-code/gov-t-sect-426-001/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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