84R1656 DDT-D
By: Raney H.B. No. 3442
A BILL TO BE ENTITLED
AN ACT
relating to debit card or stored value card surcharges; providing a
civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 59.401, Finance Code, is amended by
adding Subdivision (5) to read as follows:
(5) "Surcharge" means any increase in the price
charged for goods or services imposed on a customer who pays with a
debit or stored value card that is not imposed on a customer who
pays by other means.
SECTION 2. Subchapter E, Chapter 59, Finance Code, is
amended by adding Section 59.403 to read as follows:
Sec. 59.403. CIVIL PENALTY. (a) A person who knowingly
violates this subchapter is liable to the state for a civil penalty
in an amount not to exceed $1,000 for each violation. The attorney
general or the prosecuting attorney in the county in which the
violation occurs may bring:
(1) a suit to recover the civil penalty imposed under
this section; and
(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 injunctive
relief, civil penalties, or both, under this section, including
reasonable attorney's fees, court costs, and investigatory costs.
SECTION 3. 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 4. This Act takes effect September 1, 2015.