By: Turner of Tarrant H.B. No. 3240
A BILL TO BE ENTITLED
AN ACT
relating to a surcharge imposed for the use of a debit card or
stored value card; providing a civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter E, Chapter 59, Finance Code, is
transferred to Title 12, Business & Commerce Code, redesignated as
Chapter 604A, Business & Commerce Code, and amended to read as
follows:
CHAPTER 604A [SUBCHAPTER E]. PROHIBITION OF SURCHARGE
Sec. 604A.001 [59.401]. DEFINITIONS. In this chapter
[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 assigned by [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].
(5) "Surcharge" means an increase in the price charged
for goods or services imposed on a buyer who pays with a debit or
stored value card that is not imposed on a buyer who pays by other
means.
Sec. 604A.002 [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, a 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.
Sec. 604A.003. CIVIL PENALTY; INJUNCTIVE RELIEF. (a) A
person who violates this chapter is liable to the state for a civil
penalty of $1000 for each violation of this chapter. The attorney
general or the prosecuting attorney in the county in which the
violation occurs may bring:
(1) an action to recover the civil penalty imposed
under this section; or
(2) an action in the name of the state to restrain or
enjoin a person from violating this chapter.
(b) The attorney general or the prosecuting attorney in the
county in which the violation occurs, as appropriate, is entitled
to recover reasonable expenses incurred in obtaining civil
penalties, injunctive relief, or both, under this section,
including reasonable attorney's fees, court costs, and
investigatory costs.
SECTION 2. The changes in law made by this Act apply only to
a sale of goods or services occurring on or after the effective date
of this Act. A sale of goods or services occurring before the
effective date of this Act is governed by the law in effect on the
date the sale occurred, and
the former law is continued in effect
for that purpose.
SECTION 3. This Act takes effect September 1, 2015.