Texas 2015 - 84th Regular

Texas House Bill HB3240 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Turner of Tarrant H.B. No. 3240
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to a surcharge imposed for the use of a debit card or
7	7	stored value card; providing a civil penalty.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subchapter E, Chapter 59, Finance Code, is
10	10	transferred to Title 12, Business & Commerce Code, redesignated as
11	11	Chapter 604A, Business & Commerce Code, and amended to read as
12	12	follows:
13	13	CHAPTER 604A [SUBCHAPTER E]. PROHIBITION OF SURCHARGE
14	14	Sec. 604A.001 [59.401]. DEFINITIONS. In this chapter
15	15	[subchapter]:
16	16	(1) "Cardholder" means the person named on the face of
17	17	a debit or stored value card to whom or for whose benefit the card is
18	18	issued.
19	19	(2) "Debit card" has the meaning assigned by [in]
20	20	Section 502.001[, Business & Commerce Code].
21	21	(3) "Merchant" means a person in the business of
22	22	selling or leasing goods or services.
23	23	(4) "Stored value card" has the meaning as defined in
24	24	Section 604.001(1), [Business & Commerce Code,] but does not
25	25	include the meaning as defined in Section 604.001(2)[, Business &
26	26	Commerce Code].
27	27	(5) "Surcharge" means an increase in the price charged
28	28	for goods or services imposed on a buyer who pays with a debit or
29	29	stored value card that is not imposed on a buyer who pays by other
30	30	means.
31	31	Sec. 604A.002 [59.402]. IMPOSITION OF SURCHARGE FOR USE OF
32	32	DEBIT OR STORED VALUE CARD. (a) In a sale of goods or services, a
33	33	merchant may not impose a surcharge on a buyer who uses a debit or
34	34	stored value card instead of cash, a check, a credit card, or a
35	35	similar means of payment.
36	36	(b) This section does not apply to a state agency, county,
37	37	local governmental entity, or other governmental entity that
38	38	accepts a debit or stored value card for the payment of fees, taxes,
39	39	or other charges.
40	40	Sec. 604A.003. CIVIL PENALTY; INJUNCTIVE RELIEF. (a) A
41	41	person who violates this chapter is liable to the state for a civil
42	42	penalty of $1000 for each violation of this chapter. The attorney
43	43	general or the prosecuting attorney in the county in which the
44	44	violation occurs may bring:
45	45	(1) an action to recover the civil penalty imposed
46	46	under this section; or
47	47	(2) an action in the name of the state to restrain or
48	48	enjoin a person from violating this chapter.
49	49	(b) The attorney general or the prosecuting attorney in the
50	50	county in which the violation occurs, as appropriate, is entitled
51	51	to recover reasonable expenses incurred in obtaining civil
52	52	penalties, injunctive relief, or both, under this section,
53	53	including reasonable attorney's fees, court costs, and
54	54	investigatory costs.
55	55	SECTION 2. The changes in law made by this Act apply only to
56	56	a sale of goods or services occurring on or after the effective date
57	57	of this Act. A sale of goods or services occurring before the
58	58	effective date of this Act is governed by the law in effect on the
59	59	date the sale occurred, and
60	60	the former law is continued in effect
61	61	for that purpose.
62	62	SECTION 3. This Act takes effect September 1, 2015.