| 1 | 1 | | 84R170 ATP-D |
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| 2 | 2 | | By: Menéndez H.B. No. 149 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to photo identification requirements for certain stored |
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| 8 | 8 | | value card purchases. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 604, Business & Commerce Code, is |
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| 11 | 11 | | amended by adding Subchapter D to read as follows: |
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| 12 | 12 | | SUBCHAPTER D. REQUIRING VERIFICATION OF IDENTITY FOR CREDIT CARD |
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| 13 | 13 | | PURCHASES |
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| 14 | 14 | | Sec. 604.151. DEFINITIONS. In this subchapter: |
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| 15 | 15 | | (1) "Cardholder" means the person named on the face of |
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| 16 | 16 | | a credit card to whom or for whose benefit the credit card is |
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| 17 | 17 | | issued. |
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| 18 | 18 | | (2) "Credit card" means a card or device issued under |
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| 19 | 19 | | an agreement by which the issuer gives to a cardholder the right to |
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| 20 | 20 | | obtain credit from the issuer or another person. |
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| 21 | 21 | | (3) "Merchant" means a person in the business of |
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| 22 | 22 | | selling or leasing goods or services. |
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| 23 | 23 | | (4) "Photo identification" means a card or other |
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| 24 | 24 | | document that: |
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| 25 | 25 | | (A) is issued by a governmental entity to |
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| 26 | 26 | | identify an individual; and |
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| 27 | 27 | | (B) displays a photograph of the individual |
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| 28 | 28 | | identified on the card or other document. |
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| 29 | 29 | | Sec. 604.152. APPLICABILITY TO FACE-TO-FACE TRANSACTIONS. |
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| 30 | 30 | | Notwithstanding Section 604.002, this subchapter applies to any |
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| 31 | 31 | | face-to-face transaction in which an individual seeks to pay a |
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| 32 | 32 | | merchant for the purchase of or adding value to any stored value |
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| 33 | 33 | | card. |
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| 34 | 34 | | Sec. 604.153. REQUIRING PHOTO IDENTIFICATION FOR CREDIT |
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| 35 | 35 | | CARD TRANSACTION. (a) A merchant may not accept a credit card for |
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| 36 | 36 | | payment in a face-to-face transaction for the purchase of or adding |
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| 37 | 37 | | value to a stored value card unless the merchant requires the |
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| 38 | 38 | | individual presenting the credit card to provide photo |
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| 39 | 39 | | identification verifying the individual's identity as the |
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| 40 | 40 | | cardholder. |
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| 41 | 41 | | (b) Subsection (a) does not apply if the merchant requires |
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| 42 | 42 | | the individual presenting the credit card for payment to provide |
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| 43 | 43 | | the individual's zip code to verify the individual's identity as |
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| 44 | 44 | | authorized by Section 505.002. |
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| 45 | 45 | | SECTION 2. This Act takes effect September 1, 2015. |
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