It is a felony to obtain, possess, transfer, or use another person's identifying information without the other person's consent with intent to harm or defraud the other person (TX Penal Code Sec. 32.51). Identifying information is defined as any information that identifies an individual, including a person's: name and Social Security number (SSN), date of birth, or government-issued identification number; biometric data (i.e., fingerprints, voice prints, and retina or iris images); electronic identification number, address, routing code, or financial institution account number; and telecommunication identifying information or access device.
It is also illegal to commit identify theft through the use of an electronic device. A person is guilty of this crime if he or she uses a scanning device or re-encoder to access, read, scan, store, or transfer information encoded on the magnetic strip of a payment card (i.e., a credit, debit, or check card) without the consent of an authorized user of the card and with the intent to harm or defraud (