Texas 2015 - 84th Regular

Texas House Bill HB1881 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Capriglione, et al. H.B. No. 1881
2		-	(Senate Sponsor - Creighton)
3		-	(In the Senate - Received from the House April 28, 2015;
4		-	May 14, 2015, read first time and referred to Committee on Business
5		-	and Commerce; May 19, 2015, reported favorably by the following
6		-	vote: Yeas 8, Nays 0; May 19, 2015, sent to printer.)
7		-	Click here to see the committee vote
	1	+	H.B. No. 1881
8	2
9	3
10		-	A BILL TO BE ENTITLED
11	4		AN ACT
12	5		relating to authorizing certain private schools to charge fees for
13	6		processing or handling certain payments or payment transactions.
14	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	8		SECTION 1. Subtitle C, Title 5, Business & Commerce Code, is
16	9		amended by adding Chapter 111 to read as follows:
17	10		CHAPTER 111. PRIVATE SCHOOLS
18	11		Sec. 111.001. DEFINITIONS. In this chapter:
19	12		(1) "Cardholder" means the person named on the face of
20	13		a credit or debit card to whom or for whose benefit the card is
21	14		issued.
22	15		(2) "Credit card" means a card or device issued under
23	16		an agreement by which the issuer gives to a cardholder the right to
24	17		obtain credit from the issuer or another person.
25	18		(3) "Debit card" has the meaning assigned by Section
26	19		502.001.
27	20		(4) "Private school" means a school that:
28	21		(A) offers a course of instruction for students
29	22		in one or more grades from prekindergarten through grade 12;
30	23		(B) is not operated by a governmental entity; and
31	24		(C) is accredited by an accrediting agency that
32	25		is a member of the Texas Private School Accreditation Commission.
33	26		Sec. 111.002. CHARGES AND FEES FOR CERTAIN PAYMENTS AT
34	27		PRIVATE SCHOOLS. (a) This section applies to a payment of tuition,
35	28		a fee, or another charge to a private school that is made or
36	29		authorized in person, by mail, by telephone call, or through the
37	30		Internet by means of:
38	31		(1) a credit card;
39	32		(2) a debit card; or
40	33		(3) an electronic funds transfer.
41	34		(b) A private school may charge a fee or other amount in
42	35		connection with a payment to which this section applies, in
43	36		addition to the amount of the tuition, fee, or other charge being
44	37		paid, including:
45	38		(1) a discount, convenience, or service charge for the
46	39		transaction; or
47	40		(2) a service charge in connection with a payment
48	41		transaction that is dishonored or refused for lack of funds or
49	42		insufficient funds.
50	43		(c) A fee or other charge under this section must be in an
51	44		amount reasonable and necessary to reimburse the school for the
52	45		expense incurred by the school in processing and handling the
53	46		payment or payment transaction.
54	47		(d) Before accepting a payment by credit card, debit card,
55	48		or electronic funds transfer, the school shall notify the
56	49		cardholder or other person making the payment of any fee to be
57	50		charged under this section.
58	51		SECTION 2. Section 59.402(b), Finance Code, is amended to
59	52		read as follows:
60	53		(b) This section does not apply to:
61	54		(1) a state agency, county, local governmental entity,
62	55		or other governmental entity that accepts a debit or stored value
63	56		card for the payment of fees, taxes, or other charges; or
64	57		(2) a private school that accepts a debit card for the
65	58		payment of fees or other charges, as provided by Section 111.002,
66	59		Business & Commerce Code.
67	60		SECTION 3. Section 339.001(b), Finance Code, is amended to
68	61		read as follows:
69	62		(b) This section does not apply to:
70	63		(1) a state agency, county, local governmental entity,
71	64		or other governmental entity that accepts a credit card for the
72	65		payment of fees, taxes, or other charges; or
73	66		(2) a private school that accepts a credit card for the
74	67		payment of fees or other charges, as provided by Section 111.002,
75	68		Business & Commerce Code.
76	69		SECTION 4. This Act takes effect immediately if it receives
77	70		a vote of two-thirds of all the members elected to each house, as
78	71		provided by Section 39, Article III, Texas Constitution. If this
79	72		Act does not receive the vote necessary for immediate effect, this
80	73		Act takes effect September 1, 2015.
81		-	* * * * *
	74	+	______________________________ ______________________________
	75	+	President of the Senate Speaker of the House
	76	+	I certify that H.B. No. 1881 was passed by the House on April
	77	+	27, 2015, by the following vote: Yeas 143, Nays 0, 1 present, not
	78	+	voting.
	79	+	______________________________
	80	+	Chief Clerk of the House
	81	+	I certify that H.B. No. 1881 was passed by the Senate on May
	82	+	23, 2015, by the following vote: Yeas 31, Nays 0.
	83	+	______________________________
	84	+	Secretary of the Senate
	85	+	APPROVED: _____________________
	86	+	Date
	87	+	_____________________
	88	+	Governor