By: Menendez H.B. No. 3068
A BILL TO BE ENTITLED
AN ACT
relating to debit card surcharge.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 59, Subtitle A, Title 3, Finance Code, is
amended by adding SUBCHAPTER E. PROHIBITION OF SURCHARGE to read as
follows:
Sec. 59.401. DEFINITIONS. In this section:
(1) "Cardholder" means the person named on the face of
a debit or stored value card to whom or for whose benefit the card is
issued.
(2) "Debit card" has the meaning in Section 502.001
Business & Commerce Code.
(3) "Merchant" means a person in the business of
selling or leasing goods or services.
(4) "Stored Value Card" has the meaning as defined in
Section 604.001(1) of the Business and Commerce Code, but does not
include the meaning as defined in Section 604.001(2) of the
Business and Commerce Code.
Sec. 59.002. IMPOSITION OF SURCHARGE FOR USE OF DEBIT OR
STORED VALUE CARD. (a) In a sale of goods or services, a merchant
may not impose a surcharge on a buyer who uses a debit or stored
value card instead of cash, a check, credit card or a similar means
of payment.
(b) This section does not apply to a state agency, county,
local governmental entity, or other governmental entity that
accepts a debit or stored value card for the payment of fees, taxes,
or other charges.
SECTION 2. This Act takes effect September 1, 2013.