H.B. No. 3068
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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3068 was passed by the House on April
26, 2013, by the following vote: Yeas 126, Nays 12, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 3068 on May 22, 2013, by the following vote: Yeas 144, Nays 3,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3068 was passed by the Senate, with
amendments, on May 17, 2013, by the following vote: Yeas 25, Nays
5.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor