| 1 | | - | H.B. No. 876 |
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| 1 | + | By: Craddick (Senate Sponsor - Perry) H.B. No. 876 |
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| 2 | + | (In the Senate - Received from the House April 12, 2021; |
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| 3 | + | April 13, 2021, read first time and referred to Committee on |
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| 4 | + | Business & Commerce; May 10, 2021, reported favorably by the |
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| 5 | + | following vote: Yeas 7, Nays 0; May 10, 2021, sent to printer.) |
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| 6 | + | Click here to see the committee vote |
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| 4 | 10 | | AN ACT |
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| 5 | 11 | | relating to fees charged by certain persons for the method used for |
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| 6 | 12 | | payments made under an agreement. |
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| 7 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 14 | | SECTION 1. Subtitle C, Title 5, Business & Commerce Code, is |
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| 9 | 15 | | amended by adding Chapter 116 to read as follows: |
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| 10 | 16 | | CHAPTER 116. FEES FOR CERTAIN PAYMENT METHODS |
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| 11 | 17 | | Sec. 116.0001. DEFINITIONS. In this chapter: |
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| 12 | 18 | | (1) "Payee" means an individual who resides in this |
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| 13 | 19 | | state or a corporation, trust, partnership, association, or other |
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| 14 | 20 | | private legal entity authorized to do business in this state that |
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| 15 | 21 | | receives money as payment under an agreement. |
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| 16 | 22 | | (2) "Person" means an individual, corporation, trust, |
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| 17 | 23 | | partnership, association, or other private legal entity. |
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| 18 | 24 | | Sec. 116.0002. FEE FOR CERTAIN PAYMENTS BY PAPER CHECK |
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| 19 | 25 | | PROHIBITED. (a) A person that makes a payment to a payee may not |
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| 20 | 26 | | charge an additional fee to the payee because the payee elects to |
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| 21 | 27 | | receive the payment by paper check instead of by an automated |
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| 22 | 28 | | clearinghouse transaction or other electronic funds transfer. |
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| 23 | 29 | | (b) A provision in a contract permitting a person to charge |
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| 24 | 30 | | or collect a fee from a payee in violation of Subsection (a) is void |
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| 25 | 31 | | and unenforceable. |
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| 26 | 32 | | SECTION 2. To the extent of a conflict between Section |
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| 27 | 33 | | 116.0002(a), Business & Commerce Code, as added by this Act, and a |
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| 28 | 34 | | provision of a contract entered into before the effective date of |
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| 29 | 35 | | this Act, the provision of the contract prevails. |
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| 30 | 36 | | SECTION 3. This Act takes effect September 1, 2021. |
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| 31 | | - | ______________________________ ______________________________ |
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| 32 | | - | President of the Senate Speaker of the House |
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| 33 | | - | I certify that H.B. No. 876 was passed by the House on April |
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| 34 | | - | 9, 2021, by the following vote: Yeas 139, Nays 5, 2 present, not |
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| 35 | | - | voting. |
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| 36 | | - | ______________________________ |
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| 37 | | - | Chief Clerk of the House |
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| 38 | | - | I certify that H.B. No. 876 was passed by the Senate on May |
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| 39 | | - | 19, 2021, by the following vote: Yeas 30, Nays 1. |
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| 40 | | - | ______________________________ |
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| 41 | | - | Secretary of the Senate |
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| 42 | | - | APPROVED: _____________________ |
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| 43 | | - | Date |
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| 44 | | - | _____________________ |
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| 45 | | - | Governor |
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| 37 | + | * * * * * |
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