81R23308 CLG-D
By: Vo, et al. H.B. No. 2014
A BILL TO BE ENTITLED
AN ACT
relating to credit card marketing activities at postsecondary
educational institutions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter L, Chapter 35, Business & Commerce
Code, as added by Chapter 130 (H.B. 85), Acts of the 80th
Legislature, Regular Session, 2007, is amended by adding Section
35.1315 to read as follows:
Sec. 35.1315. APPLICABILITY OF SUBCHAPTER. (a) This
subchapter does not apply to credit card marketing activities
conducted by credit card issuers at events held on the campus of a
postsecondary educational institution that are not primarily for
students or are not exclusively student-related activities, and
that either are open to the general public or are conducted for
persons who are not required to be students, such as athletics
events, concerts, other special events, or alumni meetings.
(b) This section does not prohibit the governing board of a
postsecondary educational institution from establishing
restrictions on campus credit card marketing activities within the
scope of the general authority of the governing board.
SECTION 2. Subchapter L, Chapter 35, Business & Commerce
Code, as added by Chapter 130 (H.B. 85), Acts of the 80th
Legislature, Regular Session, 2007, is amended by adding Section
35.1325 to read as follows:
Sec. 35.1325. PROHIBITION AGAINST DISCLOSURE OF STUDENT
CONTACT INFORMATION FOR PURPOSES OF CREDIT CARD SOLICITATION. A
postsecondary educational institution may not disclose to a credit
card issuer contact information regarding any student of the
institution. For purposes of this section, a student's contact
information includes the student's name, telephone number, e-mail
address, permanent or campus residence address, and mailing
address. If the institution is subject to Chapter 552, Government
Code, the institution is not required to seek a decision from the
attorney general under that chapter in order to withhold student
contact information from a credit card issuer that makes a written
request for the information.
SECTION 3. Section 35.135, Business & Commerce Code, as
added by Chapter 130 (H.B. 85), Acts of the 80th Legislature,
Regular Session, 2007, is amended to read as follows:
Sec. 35.135. RESTRICTION ON GIFTS OR INCENTIVES FOR
COMPLETING CREDIT CARD APPLICATION. A credit card issuer may not
offer a gift or other incentive in exchange for the completion of a
credit card application as part of a campus credit card marketing
activity [unless the credit card issuer, at the time the credit card
issuer provides a credit card application to an individual,
provides financial educational material developed under Section
35.133 to the individual].
SECTION 4. Subchapter A, Chapter 761, Business & Commerce
Code, as effective September 1, 2009, is amended by adding Section
761.0015 to read as follows:
Sec. 761.0015. APPLICABILITY OF CHAPTER. (a) This chapter
does not apply to credit card marketing activities conducted by
credit card issuers at events held on the campus of a postsecondary
educational institution that are not primarily for students or are
not exclusively student-related activities, and that either are
open to the general public or are conducted for persons who are not
required to be students, such as athletics events, concerts, other
special events, or alumni meetings.
(b) This section does not prohibit the governing board of a
postsecondary educational institution from establishing
restrictions on campus credit card marketing activities within the
scope of the general authority of the governing board.
SECTION 5. Subchapter B, Chapter 761, Business & Commerce
Code, as effective September 1, 2009, is amended by adding Section
761.0515 to read as follows:
Sec. 761.0515. PROHIBITION AGAINST DISCLOSURE OF STUDENT
CONTACT INFORMATION FOR PURPOSES OF CREDIT CARD SOLICITATION. A
postsecondary educational institution may not disclose to a credit
card issuer contact information regarding any student of the
institution. For purposes of this section, a student's contact
information includes the student's name, telephone number, e-mail
address, permanent or campus residence address, and mailing
address. If the institution is subject to Chapter 552, Government
Code, the institution is not required to seek a decision from the
attorney general under that chapter in order to withhold student
contact information from a credit card issuer that makes a written
request for the information.
SECTION 6. Section 761.052, Business & Commerce Code, as
effective September 1, 2009, is amended to read as follows:
Sec. 761.052. RESTRICTION ON GIFTS OR INCENTIVES FOR
COMPLETING CREDIT CARD APPLICATION. A credit card issuer may not
offer a gift or other incentive in exchange for the completion of a
credit card application as part of a campus credit card marketing
activity [unless the credit card issuer, at the time the credit card
issuer provides a credit card application to an individual,
provides financial educational material developed under Section
761.101 to the individual].
SECTION 7. (a) Sections 1, 2, and 3 of this Act take effect
only if the Act of the 81st Legislature, Regular Session, 2009,
relating to nonsubstantive additions to and corrections in existing
codes does not become law.
(b) Sections 4, 5, and 6 of this Act take effect only if the
Act of the 81st Legislature, Regular Session, 2009, relating to
nonsubstantive additions to and corrections in existing codes
becomes law.
SECTION 8. This Act takes effect September 1, 2009.