Texas 2009 - 81st Regular

Texas Senate Bill SB468 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R4685 CLG-F
2	2	By: West S.B. No. 468
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to requiring retail merchants to disclose certain
8	8	merchandise return policies.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Title 12, Business & Commerce Code, as effective
11	11	April 1, 2009, is amended by adding Chapter 606 to read as follows:
12	12	CHAPTER 606. MERCHANDISE RETURN POLICIES
13	13	Sec. 606.001. APPLICABILITY OF CHAPTER. This chapter
14	14	applies only to a retail merchant who has a policy, as to any item of
15	15	goods sold, of not providing a cash refund or store credit, or any
16	16	combination of cash refund or store credit, or of not allowing an
17	17	equal exchange, for the full purchase price of the item if it is
18	18	returned with a receipt or other document evidencing proof of
19	19	purchase at least seven days after the date of sale.
20	20	Sec. 606.002. INAPPLICABILITY OF CHAPTER TO CERTAIN GOODS.
21	21	This chapter does not apply to the sale of:
22	22	(1) food;
23	23	(2) flowers and plants;
24	24	(3) perishable goods;
25	25	(4) goods marked "as is," "no returns accepted," "all
26	26	sales final," or with similar language;
27	27	(5) goods used or damaged after purchase;
28	28	(6) customized goods received as ordered;
29	29	(7) goods not returned with their original package; or
30	30	(8) goods that cannot be resold due to health
31	31	considerations.
32	32	Sec. 606.003. REQUIRED DISCLOSURE REGARDING REFUNDS,
33	33	CREDITS, OR EXCHANGES. (a) A retail merchant shall conspicuously
34	34	disclose the merchant's policy of not providing a full cash refund
35	35	or store credit or not allowing an equal exchange for returned items
36	36	under the policy. The disclosure, at a minimum, must state:
37	37	(1) whether a cash refund, store credit, or equal
38	38	exchange will be authorized for the full purchase price of returned
39	39	items;
40	40	(2) the period to which the policy applies;
41	41	(3) the types of items covered by the policy; and
42	42	(4) any other restriction or condition that applies to
43	43	the refund, credit, or exchange.
44	44	(b) The disclosure required by Subsection (a) must be:
45	45	(1) posted on a sign at:
46	46	(A) each cash register and sales counter at the
47	47	retail merchant's location; or
48	48	(B) each public entryway at the retail merchant's
49	49	location;
50	50	(2) placed on a sales receipt provided by the retail
51	51	merchant for the purchase of an item to which the policy applies; or
52	52	(3) placed on any order form provided by the retail
53	53	merchant for the purchase of an item to which the policy applies.
54	54	Sec. 606.004. ENFORCEMENT. (a) If on or before the 30th day
55	55	after the date of purchase the customer returns, or attempts to
56	56	return, an item to which the policy applies to a retail merchant who
57	57	does not comply with Section 606.003, the customer is entitled to,
58	58	at the customer's election, a cash refund, store credit, or equal
59	59	exchange for the full purchase price of the returned item.
60	60	(b) If a retail merchant denies a refund, credit, or
61	61	exchange requested by a customer under Subsection (a), the retail
62	62	merchant is liable to the customer for:
63	63	(1) an amount equal to two times the amount of the
64	64	purchase price of the returned item;
65	65	(2) reasonable attorney's fees; and
66	66	(3) court costs.
67	67	Sec. 606.005. ADDITIONAL DUTIES, RIGHTS, AND REMEDIES. The
68	68	duties, rights, and remedies provided by this chapter are in
69	69	addition to any other duties, rights, and remedies provided by
70	70	state law.
71	71	SECTION 2. This Act takes effect September 1, 2009.