Texas 2009 - 81st Regular

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1	1	81R23308 CLG-D
2	2	By: Vo, et al. H.B. No. 2014
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to credit card marketing activities at postsecondary
8	8	educational institutions.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter L, Chapter 35, Business & Commerce
11	11	Code, as added by Chapter 130 (H.B. 85), Acts of the 80th
12	12	Legislature, Regular Session, 2007, is amended by adding Section
13	13	35.1315 to read as follows:
14	14	Sec. 35.1315. APPLICABILITY OF SUBCHAPTER. (a) This
15	15	subchapter does not apply to credit card marketing activities
16	16	conducted by credit card issuers at events held on the campus of a
17	17	postsecondary educational institution that are not primarily for
18	18	students or are not exclusively student-related activities, and
19	19	that either are open to the general public or are conducted for
20	20	persons who are not required to be students, such as athletics
21	21	events, concerts, other special events, or alumni meetings.
22	22	(b) This section does not prohibit the governing board of a
23	23	postsecondary educational institution from establishing
24	24	restrictions on campus credit card marketing activities within the
25	25	scope of the general authority of the governing board.
26	26	SECTION 2. Subchapter L, Chapter 35, Business & Commerce
27	27	Code, as added by Chapter 130 (H.B. 85), Acts of the 80th
28	28	Legislature, Regular Session, 2007, is amended by adding Section
29	29	35.1325 to read as follows:
30	30	Sec. 35.1325. PROHIBITION AGAINST DISCLOSURE OF STUDENT
31	31	CONTACT INFORMATION FOR PURPOSES OF CREDIT CARD SOLICITATION. A
32	32	postsecondary educational institution may not disclose to a credit
33	33	card issuer contact information regarding any student of the
34	34	institution. For purposes of this section, a student's contact
35	35	information includes the student's name, telephone number, e-mail
36	36	address, permanent or campus residence address, and mailing
37	37	address. If the institution is subject to Chapter 552, Government
38	38	Code, the institution is not required to seek a decision from the
39	39	attorney general under that chapter in order to withhold student
40	40	contact information from a credit card issuer that makes a written
41	41	request for the information.
42	42	SECTION 3. Section 35.135, Business & Commerce Code, as
43	43	added by Chapter 130 (H.B. 85), Acts of the 80th Legislature,
44	44	Regular Session, 2007, is amended to read as follows:
45	45	Sec. 35.135. RESTRICTION ON GIFTS OR INCENTIVES FOR
46	46	COMPLETING CREDIT CARD APPLICATION. A credit card issuer may not
47	47	offer a gift or other incentive in exchange for the completion of a
48	48	credit card application as part of a campus credit card marketing
49	49	activity [unless the credit card issuer, at the time the credit card
50	50	issuer provides a credit card application to an individual,
51	51	provides financial educational material developed under Section
52	52	35.133 to the individual].
53	53	SECTION 4. Subchapter A, Chapter 761, Business & Commerce
54	54	Code, as effective September 1, 2009, is amended by adding Section
55	55	761.0015 to read as follows:
56	56	Sec. 761.0015. APPLICABILITY OF CHAPTER. (a) This chapter
57	57	does not apply to credit card marketing activities conducted by
58	58	credit card issuers at events held on the campus of a postsecondary
59	59	educational institution that are not primarily for students or are
60	60	not exclusively student-related activities, and that either are
61	61	open to the general public or are conducted for persons who are not
62	62	required to be students, such as athletics events, concerts, other
63	63	special events, or alumni meetings.
64	64	(b) This section does not prohibit the governing board of a
65	65	postsecondary educational institution from establishing
66	66	restrictions on campus credit card marketing activities within the
67	67	scope of the general authority of the governing board.
68	68	SECTION 5. Subchapter B, Chapter 761, Business & Commerce
69	69	Code, as effective September 1, 2009, is amended by adding Section
70	70	761.0515 to read as follows:
71	71	Sec. 761.0515. PROHIBITION AGAINST DISCLOSURE OF STUDENT
72	72	CONTACT INFORMATION FOR PURPOSES OF CREDIT CARD SOLICITATION. A
73	73	postsecondary educational institution may not disclose to a credit
74	74	card issuer contact information regarding any student of the
75	75	institution. For purposes of this section, a student's contact
76	76	information includes the student's name, telephone number, e-mail
77	77	address, permanent or campus residence address, and mailing
78	78	address. If the institution is subject to Chapter 552, Government
79	79	Code, the institution is not required to seek a decision from the
80	80	attorney general under that chapter in order to withhold student
81	81	contact information from a credit card issuer that makes a written
82	82	request for the information.
83	83	SECTION 6. Section 761.052, Business & Commerce Code, as
84	84	effective September 1, 2009, is amended to read as follows:
85	85	Sec. 761.052. RESTRICTION ON GIFTS OR INCENTIVES FOR
86	86	COMPLETING CREDIT CARD APPLICATION. A credit card issuer may not
87	87	offer a gift or other incentive in exchange for the completion of a
88	88	credit card application as part of a campus credit card marketing
89	89	activity [unless the credit card issuer, at the time the credit card
90	90	issuer provides a credit card application to an individual,
91	91	provides financial educational material developed under Section
92	92	761.101 to the individual].
93	93	SECTION 7. (a) Sections 1, 2, and 3 of this Act take effect
94	94	only if the Act of the 81st Legislature, Regular Session, 2009,
95	95	relating to nonsubstantive additions to and corrections in existing
96	96	codes does not become law.
97	97	(b) Sections 4, 5, and 6 of this Act take effect only if the
98	98	Act of the 81st Legislature, Regular Session, 2009, relating to
99	99	nonsubstantive additions to and corrections in existing codes
100	100	becomes law.
101	101	SECTION 8. This Act takes effect September 1, 2009.