81R4685 CLG-F
By: West S.B. No. 468
A BILL TO BE ENTITLED
AN ACT
relating to requiring retail merchants to disclose certain
merchandise return policies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 12, Business & Commerce Code, as effective
April 1, 2009, is amended by adding Chapter 606 to read as follows:
CHAPTER 606. MERCHANDISE RETURN POLICIES
Sec. 606.001. APPLICABILITY OF CHAPTER. This chapter
applies only to a retail merchant who has a policy, as to any item of
goods sold, of not providing a cash refund or store credit, or any
combination of cash refund or store credit, or of not allowing an
equal exchange, for the full purchase price of the item if it is
returned with a receipt or other document evidencing proof of
purchase at least seven days after the date of sale.
Sec. 606.002. INAPPLICABILITY OF CHAPTER TO CERTAIN GOODS.
This chapter does not apply to the sale of:
(1) food;
(2) flowers and plants;
(3) perishable goods;
(4) goods marked "as is," "no returns accepted," "all
sales final," or with similar language;
(5) goods used or damaged after purchase;
(6) customized goods received as ordered;
(7) goods not returned with their original package; or
(8) goods that cannot be resold due to health
considerations.
Sec. 606.003. REQUIRED DISCLOSURE REGARDING REFUNDS,
CREDITS, OR EXCHANGES. (a) A retail merchant shall conspicuously
disclose the merchant's policy of not providing a full cash refund
or store credit or not allowing an equal exchange for returned items
under the policy. The disclosure, at a minimum, must state:
(1) whether a cash refund, store credit, or equal
exchange will be authorized for the full purchase price of returned
items;
(2) the period to which the policy applies;
(3) the types of items covered by the policy; and
(4) any other restriction or condition that applies to
the refund, credit, or exchange.
(b) The disclosure required by Subsection (a) must be:
(1) posted on a sign at:
(A) each cash register and sales counter at the
retail merchant's location; or
(B) each public entryway at the retail merchant's
location;
(2) placed on a sales receipt provided by the retail
merchant for the purchase of an item to which the policy applies; or
(3) placed on any order form provided by the retail
merchant for the purchase of an item to which the policy applies.
Sec. 606.004. ENFORCEMENT. (a) If on or before the 30th day
after the date of purchase the customer returns, or attempts to
return, an item to which the policy applies to a retail merchant who
does not comply with Section 606.003, the customer is entitled to,
at the customer's election, a cash refund, store credit, or equal
exchange for the full purchase price of the returned item.
(b) If a retail merchant denies a refund, credit, or
exchange requested by a customer under Subsection (a), the retail
merchant is liable to the customer for:
(1) an amount equal to two times the amount of the
purchase price of the returned item;
(2) reasonable attorney's fees; and
(3) court costs.
Sec. 606.005. ADDITIONAL DUTIES, RIGHTS, AND REMEDIES. The
duties, rights, and remedies provided by this chapter are in
addition to any other duties, rights, and remedies provided by
state law.
SECTION 2. This Act takes effect September 1, 2009.