Texas 2015 - 84th Regular

Texas House Bill HB3522 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Longoria H.B. No. 3522
	1	+	By: Longoria, Laubenberg, Flynn H.B. No. 3522
2	2
3	3
4	4		A BILL TO BE ENTITLED
5	5		AN ACT
6	6		relating to photo identification requirements for certain stored
7	7		value card purchases.
8	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9		SECTION 1. Chapter 604, Business & Commerce Code, is
10	10		amended by adding Subchapter D to read as follows:
11	11		SUBCHAPTER D. REQUIRING VERIFICATION OF IDENTITY FOR CARD
12	12		PURCHASES
13	13		Sec. 604.151. DEFINITIONS. In this subchapter:
14	14		(1) "Cardholder" means the person named on the face of
15	15		a card to whom or for whose benefit the card is issued.
16	16		(2) "Card" means a credit card or debit card.
17	17		(3) "Credit card" means a card or device issued under
18	18		an agreement by which the issuer gives to a cardholder the right to
19	19		obtain credit from the issuer or another person.
20	20		(4) "Debit card" means a card or device or other means
21	21		of access to an individual's account that may be used by the
22	22		individual to initiate electronic fund transfers.
23	23		(5) "Merchant" means a person in the business of
24	24		selling or leasing goods or services.
25	25		(6) "Photo identification" means a card or other
26	26		document that:
27	27		(A) is issued by a governmental entity to
28	28		identify an individual; and
29	29		(B) displays a photograph of the individual
30	30		identified on the card or other document.
31		-	Sec. 604.152. APPLICABILITY TO POINT OF SALE TRANSACTIONS.
32		-	Notwithstanding Section 604.002, this subchapter applies to any
33		-	point of sale transaction in which an individual seeks to pay a
34		-	merchant for the purchase of or adding value to any stored value
35		-	card.
	31	+	Sec. 604.152. APPLICABILITY OF SUBCHAPTER. (a) This
	32	+	subchapter does not apply to a merchant who sells or leases goods or
	33	+	services at 50 or fewer retail locations in this state.
	34	+	(b) Notwithstanding Section 604.002, this subchapter
	35	+	applies to any point of sale transaction in which an individual
	36	+	seeks to pay a merchant for the purchase of or adding value to any
	37	+	stored value card.
36	38		Sec. 604.153. REQUIRING PHOTO IDENTIFICATION FOR CARD
37	39		TRANSACTION. (a) A merchant may not accept a card for payment in a
38	40		point of sale transaction for the purchase of or adding value to a
39	41		stored value card unless the merchant requires the individual who
40	42		uses the card to provide photo identification verifying the
41	43		individual's identity as the cardholder.
42	44		(b) Subsection (a) does not apply if the merchant requires
43	45		the individual presenting the credit card for payment to provide
44	46		the individual's zip code to verify the individual's identity as
45	47		authorized by Section 505.002 or as to any card transaction,
46	48		electronically enter the personal identification number (PIN)
47		-	associated with the card.
	49	+	associated with the card or unique identifier serving as an
	50	+	electronic password associated with the card.
48	51		Sec. 604.154. LIABILITY FOR FAILURE TO OBTAIN
49	52		IDENTIFICATION. In the event the merchant fails to obtain photo
50	53		identification or a PIN for a card transaction or the individual's
51	54		zip code for a credit card transaction and the stored value
52	55		transaction was not authorized by the cardholder, then the merchant
53	56		shall be liable to the cardholder or the card issuing financial
54	57		institution for all losses that may be attributed to such failure.
55		-	SECTION 2. This Act takes effect September 1, ~~2015~~.
	58	+	SECTION 2. This Act takes effect September 1, 2016.