By: Menendez (Senate Sponsor - Carona) H.B. No. 3068
(In the Senate - Received from the House April 29, 2013;
May 7, 2013, read first time and referred to Committee on Business
and Commerce; May 15, 2013, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 8, Nays 1;
May 15, 2013, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 3068 By: Carona
A BILL TO BE ENTITLED
AN ACT
relating to debit card or stored value card surcharges.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 59, Finance Code, is amended by adding
Subchapter E to read as follows:
SUBCHAPTER E. PROHIBITION OF SURCHARGE
Sec. 59.401. DEFINITIONS. In this subchapter:
(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), Business & Commerce Code, but does not include
the meaning as defined in Section 604.001(2), Business & Commerce
Code.
Sec. 59.402. 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.
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