Texas 2017 - 85th Regular

Texas Senate Bill SB560

Filed
 
Out of Senate Committee
 
Voted on by Senate
 
Out of House Committee
 
Voted on by House
 
Governor Action
 

Caption

Relating to surcharges imposed for the use of a credit card; providing a civil penalty.

Impact

The implementation of SB560 is expected to have a significant impact on Texas state laws governing commercial transactions. By preventing merchants from charging extra fees to consumers who pay via credit card, this bill enhances consumer protection in the realm of payment methods. It aligns state regulations more closely with consumer rights, ensuring that payment options remain transparent and fair, potentially leading to a more competitive marketplace where businesses cannot unfairly exploit consumers through additional charges.

Summary

SB560 aims to regulate the imposition of surcharges on consumers who choose to make payments via credit cards. The bill amends existing laws within the Texas Business & Commerce Code to clarify the definition of a 'surcharge' and establishes penalties for merchants who impose such charges on credit card transactions. Essentially, it prohibits sellers from applying a surcharge to customers using credit cards, aiming to prevent unexpected additional fees that can lead to consumer dissatisfaction. The civil penalties for violations can amount to $500 for each occurrence, which can be pursued by the attorney general or local prosecutors.

Sentiment

The sentiment surrounding SB560 appears to be largely positive among consumer advocacy groups, who view the legislation as a win for consumer rights and fair trading practices. However, some businesses may perceive the bill as an unwelcome constraint on their ability to manage transaction costs. The discussions indicate a consensus on the need for clarity and protection for consumers, although opinions vary regarding the impact on business operations and pricing strategies.

Contention

A notable point of contention regarding SB560 involves the balance between protecting consumers and allowing businesses the flexibility to manage their payment processing expenses. While proponents argue that banning surcharges is essential for consumer protection, opponents may argue that it could limit a merchant's ability to recover costs associated with credit card transactions. This dynamic could lead to broader discussions about the implications for small businesses and their operational costs in a competitive environment.

Companion Bills

TX HB2176

Identical Relating to surcharges imposed for the use of a credit card; providing a civil penalty.

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