Relating to the creation of the offense of fraudulent use, possession, or tampering with a gift card, gift card packaging, or gift card data or redemption information.

Contracts

• Third-Party Merchandisers: Amend Master Services Agreements (MSAs) with vendors who stock gift card racks. Include indemnification clauses specifically covering liability if vendor employees place tampered cards on displays.
• Employment Agreements: Update employee handbooks to explicitly cite Texas Penal Code Sec. 32.56. Clarify that internal tampering is now a felony offense, stripping employees of standard "business practice" protections.

Hiring/Training

• Point of Sale (POS) Inspection: Cashiers must be trained to physically inspect card packaging for glue residue, compromised magnetic strips, or mismatched fonts *before* activation.
• "Reverse" Surveillance: Retrain LP staff to monitor for individuals *placing* inventory onto racks (the "swap" scheme), as SB1809 specifically criminalizes the act of returning an unactivated, tampered card to a display.

Reporting & Record-Keeping

• Chain of Custody: Establish a strict protocol for retaining tampered cards found on shelves. The severity of the penalty (State Jail Felony vs. 1st Degree Felony) depends entirely on the count of cards recovered. Do not discard tampered inventory; bag, tag, and store it as evidence.
• Incident Reporting: Update internal incident forms to log the specific location and "manner of display" where cards were found to satisfy the statutory requirement of "enticing the public."

Fees & Costs

• No New State Fees: There are no filing fees associated with this bill.
• Operational Costs: Anticipate minor costs associated with updating LP training modules and potential legal review of vendor contracts.