| 1 | 1 | | By: Bryant H.B. No. 3710 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the advertisement of prices by persons selling motor |
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| 7 | 7 | | fuel. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. This Act may be cited as the Transparency at the |
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| 10 | 10 | | Pump Act of 2023. |
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| 11 | 11 | | SECTION 2. Title 12, Business & Commerce Code, is amended by |
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| 12 | 12 | | adding Chapter 610 to read as follows: |
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| 13 | 13 | | CHAPTER 610. TRANSPARENCY IN MOTOR FUEL PRICING |
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| 14 | 14 | | Sec. 610.001. DEFINITIONS. In this chapter: |
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| 15 | 15 | | (1) "Merchant" means a person whose business includes |
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| 16 | 16 | | the sale of motor fuel through motor fuel dispensers to retail |
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| 17 | 17 | | customers. |
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| 18 | 18 | | (2) "Motor fuel" has the meaning assigned by Section |
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| 19 | 19 | | 162.001, Tax Code. |
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| 20 | 20 | | (3) "Credit card" means an identification card, plate, |
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| 21 | 21 | | coupon, book, or number or any other device authorizing a |
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| 22 | 22 | | designated person or bearer to obtain property or service on |
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| 23 | 23 | | credit. |
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| 24 | 24 | | (4) "Debit card" means an identification card, plate, |
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| 25 | 25 | | coupon, book, or number or any other device authorizing a |
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| 26 | 26 | | designated person or bearer to communicate a request to an unmanned |
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| 27 | 27 | | teller machine or a customer convenience terminal or to obtain |
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| 28 | 28 | | property or services by debit to an account at a financial |
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| 29 | 29 | | institution. |
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| 30 | 30 | | Sec. 610.002. MOTOR FUEL PRICE DISPLAY REQUIREMENTS. (a) A |
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| 31 | 31 | | merchant shall display the price of the motor fuel mixtures sold by |
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| 32 | 32 | | the merchant with a prominent sign: |
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| 33 | 33 | | (1) on the motor fuel pump; and |
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| 34 | 34 | | (2) by the roadside adjacent to the merchant's |
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| 35 | 35 | | premises. |
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| 36 | 36 | | (b) A merchant shall visibly differentiate the price of the |
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| 37 | 37 | | motor fuel mixtures sold by the merchant to a retail customer paying |
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| 38 | 38 | | with: |
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| 39 | 39 | | (1) cash, a debit card, or a gift card; or |
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| 40 | 40 | | (2) a credit card. |
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| 41 | 41 | | (c) A merchant shall visibly display on the motor fuel pump |
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| 42 | 42 | | any difference between the price of the motor fuel mixture sold by |
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| 43 | 43 | | the merchant to a retail customer paying with cash and the price a |
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| 44 | 44 | | retail customer paying with a debit card, gift card, or credit card |
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| 45 | 45 | | would pay. |
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| 46 | 46 | | (d) A merchant that sells more than one grade of a certain |
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| 47 | 47 | | motor fuel may display the price of only the lowest grade of each |
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| 48 | 48 | | motor fuel sold. |
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| 49 | 49 | | Sec. 610.003. VIOLATION OF CHAPTER; DECEPTIVE TRADE |
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| 50 | 50 | | PRACTICE. A violation of this chapter is a deceptive trade practice |
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| 51 | 51 | | under Subchapter B, Chapter 17, and is actionable under that |
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| 52 | 52 | | subchapter. |
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| 53 | 53 | | SECTION 3. The change in law made by this Act applies only |
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| 54 | 54 | | to an advertisement or sale of motor fuel that takes place on or |
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| 55 | 55 | | after April 1, 2024. An advertisement or sale of motor fuel that |
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| 56 | 56 | | takes place before April 1, 2024, is governed by the law in effect |
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| 57 | 57 | | on the date the advertisement or sale of motor fuel took place, and |
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| 58 | 58 | | the former law is continued in effect for that purpose. |
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| 59 | 59 | | SECTION 4. This Act takes effect immediately if it receives |
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| 60 | 60 | | a vote of two-thirds of all the members elected to each house, as |
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| 61 | 61 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 62 | 62 | | Act does not receive the vote necessary for immediate effect, this |
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| 63 | 63 | | Act takes effect September 1, 2023. |
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