By: Lambert (Senate Sponsor - Schwertner) H.B. No. 3615
(In the Senate - Received from the House May 4, 2023;
May 10, 2023, read first time and referred to Committee on Business &
Commerce; May 21, 2023, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 7, Nays 4;
May 21, 2023, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR H.B. No. 3615 By: Schwertner
A BILL TO BE ENTITLED
AN ACT
relating to surcharges imposed for the use of a credit card.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 604A.0021, Business & Commerce Code, is
repealed.
SECTION 2. The heading to Chapter 604A, Business & Commerce
Code, is amended to read as follows:
CHAPTER 604A. PROHIBITION OR REGULATION OF CERTAIN SURCHARGES
SECTION 3. Section 604A.003, Business & Commerce Code, is
amended to read as follows:
Sec. 604A.003. CIVIL PENALTY. (a) A person who knowingly
violates Section 604A.002 [or 604A.0021] is liable to the state for
a civil penalty in an amount not to exceed $500 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) Before bringing the action, the attorney general or
prosecuting attorney shall give the person notice of the person's
noncompliance and liability for a civil penalty. The notice must:
(1) contain guidance to assist the person in complying
with this chapter;
(2) advise the person of the prohibitions under
Section [Sections] 604A.002 [and 604A.0021]; and
(3) state that the person may be liable for a civil
penalty for a subsequent violation of Section 604A.002 [or
604A.0021].
(b-1) If the person complies with Section [Sections]
604A.002 [and 604A.0021] not later than the 30th day after the date
of the notice under Subsection (b), the violation is cured and the
person is not liable for the civil penalty. A person who has
previously received notice of noncompliance under Subsection (b) is
not entitled to notice of or the opportunity to cure a subsequent
violation of Section 604A.002 [or 604A.0021].
(c) The attorney general or the prosecuting attorney, 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 4. Chapter 604A, Business & Commerce Code, is
amended by adding Section 604A.004 to read as follows:
Sec. 604A.004. IMPOSITION OF SURCHARGE FOR USE OF CREDIT
CARD. (a) A merchant may impose a surcharge on a buyer who uses a
credit card for an extension of credit instead of cash, a check, or
a similar means of payment to pay for the purchase of goods or
services. The buyer is obligated to pay any surcharge imposed on
the credit extension transaction under this section.
(b) A surcharge imposed under this section may not exceed
the amount necessary to offset the cost to the merchant of accepting
credit cards.
(c) Before a merchant may impose a surcharge under this
section, the merchant must provide to a buyer who uses a credit card
for an extension of credit a disclosure stating: "Customers who pay
with a credit card are responsible for the payment of a surcharge
that won't exceed what's necessary to cover our costs for accepting
credit cards.".
(d) A merchant who imposes a surcharge under this section
must disclose the surcharge on the receipt or other statement of
purchase given to the buyer.
SECTION 5. This Act takes effect September 1, 2023.
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