89R5341 SRA-D
By: Patterson H.B. No. 4061
A BILL TO BE ENTITLED
AN ACT
relating to unlawful practices relating to credit card
transactions; providing a civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 12, Business & Commerce Code, is amended by
adding Chapter 604B to read as follows:
CHAPTER 604B. UNLAWFUL PRACTICES RELATING TO CREDIT CARD
TRANSACTIONS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 604B.001. DEFINITIONS. In this chapter:
(1) "Assessment fee" means a fee paid to the payment
card network for allowing a merchant to use a payment card or other
payment code or device in a credit card transaction.
(2) "Cardholder" means the person named on the face of
a credit card to whom or for whose benefit the credit card is
issued.
(3) "Credit card" means a card or device issued under
an agreement by which the credit card issuer gives to a cardholder
the right to obtain credit from the issuer or another person.
(4) "Credit card issuer" means a lender, including a
financial institution, or a merchant that receives applications and
issues credit cards to individuals.
(5) "Credit card transaction" means a transaction in
which a person uses a credit card or other payment code or device
issued or approved through a payment card network to use a line of
credit, whether authorization is based on a signature, personal
identification number, or other means.
(6) "Fee schedule" means any schedule, list, table,
chart, or similar document or agreement, whether or not publicly
disclosed, that sets forth or fixes the amount, or the formula for
determining the amount, of one or more fee rates.
(7) "Interchange fee" means a fee charged to a
merchant for the purpose of compensating the credit card issuer for
the issuer's involvement in a credit card transaction.
(8) "Merchant" means a person who accepts payment for
goods or services through a credit card transaction.
(9) "Payment card network" means an entity that
directly, or through a licensed member, processor, or agent,
provides the proprietary services, infrastructure, and software
that:
(A) route information and data to conduct a
credit card transaction authorization, clearance, and settlement;
and
(B) the entity uses to accept as a form of payment
a brand of credit card or other device that may be used to carry out
credit card transactions.
(10) "Swipe fee" means the interchange fee and, if
applicable, the assessment fee.
SUBCHAPTER B. CREDIT CARD ISSUERS
Sec. 604B.051. APPLICABILITY. This subchapter applies only
to a credit card issuer that, together with any affiliates, had
consolidated worldwide banking and nonbanking assets, including
affiliate assets, other than trust assets under management, of more
than $85 billion at any point during the previous calendar year.
Sec. 604B.052. PROHIBITED PRACTICES BY CREDIT CARD ISSUER.
A credit card issuer may not:
(1) fix or conspire to fix a swipe fee with, or on
behalf of, another credit card issuer or payment card network;
(2) receive or charge an interchange fee with respect
to a credit card transaction in an amount that is included on or
determined by a fee schedule that:
(A) has been fixed, established, or recommended
by a payment card network; or
(B) the credit card issuer knows, or reasonably
should know, is being used in the same calendar year by another
credit card issuer subject to this subchapter to determine the
amount of an interchange fee with respect to a credit card
transaction that issuer receives or charges;
(3) charge a cardholder or a merchant a fee due to a
disputed credit card transaction unless:
(A) a finding of fact concludes that the
cardholder or merchant is responsible for the disputed transaction;
and
(B) the cardholder or merchant is provided
written notification of the finding of fact; or
(4) prohibit or penalize a merchant that offers a
cardholder a discount for using cash, a debit card, or a gift card
instead of a credit card for payment.
Sec. 604B.053. REQUIRED DISCLOSURE OF SWIPE FEES TO
CARDHOLDERS. A credit card issuer shall disclose in a clear and
conspicuous manner on a monthly statement sent to a cardholder that
has been issued a credit card by the credit card issuer:
(1) if one or more swipe fees have been charged to the
cardholder on a credit card transaction; and
(2) the amount of the swipe fee charged to the
cardholder on a credit card transaction.
SUBCHAPTER C. PAYMENT CARD NETWORKS
Sec. 604B.101. PROHIBITED PRACTICES BY PAYMENT CARD
NETWORK. A payment card network may not:
(1) fix or conspire to fix a swipe fee with, or on
behalf of, another credit card issuer or payment card network;
(2) require a merchant to accept as payment any credit
card issued by the credit card issuer;
(3) charge a cardholder or a merchant a fee due to a
disputed credit card transaction unless:
(A) a finding of fact concludes that the
cardholder or merchant is responsible for the disputed credit card
transaction; and
(B) the cardholder or merchant is provided
written notification of the finding of fact; or
(4) prohibit or penalize a merchant that offers a
cardholder a discount for using cash, a debit card, or a gift card
instead of a credit card for payment.
Sec. 604B.102. DISCLOSURE BY PAYMENT CARD NETWORKS OF FEES
CHARGED TO MERCHANTS. A payment card network shall, not later than
the 45th day after the date of the credit card transaction, disclose
in a clear and conspicuous manner to the merchant or another person
who assists the merchant in processing credit card transactions and
who has been designated by the merchant to receive the disclosures,
the rate and total amount of each swipe fee or other fee charged on
each credit card transaction.
SUBCHAPTER D. ENFORCEMENT
Sec. 604B.151. INVESTIGATION BY ATTORNEY GENERAL. If the
attorney general is made aware or independently learns of a
violation of this chapter, the attorney general may investigate the
alleged violation to the same extent and in the same manner as an
alleged antitrust violation under Chapter 15.
Sec. 604B.152. CIVIL SUITS FOR ANTICOMPETITIVE VIOLATIONS.
The attorney general may file suit in district court in Travis
County or in any county in the State of Texas in which any of the
named defendants resides, does business, or maintains its principal
office on behalf of the State of Texas to collect a civil fine from
any person whom the attorney general believes has violated any of
the prohibitions in Section 604B.052(1) or (2) or Section
604B.101(1) or (2). An individual or other person adjudged to have
violated any of these prohibitions shall pay a fine to the state in
an amount not to exceed:
(1) if an individual, $300,000; or
(2) if any other person:
(A) $3 million, if the lesser of the person's
assets or market capitalization is less than $100 million;
(B) $20 million, if the lesser of the person's
assets or market capitalization is at least $100 million but less
than $500 million; or
(C) $30 million, if the lesser of the person's
assets or market capitalization is $500 million or more.
Sec. 604B.153. INJUNCTIVE RELIEF. The attorney general may
file suit against any person in district court in Travis County or
in any county in the State of Texas in which any of the named
defendants resides, does business, or maintains its principal
office on behalf of the State of Texas to enjoin temporarily or
permanently any activity or contemplated activity that violates or
threatens to violate any of the prohibitions in this chapter. In
any such suit, the court shall apply the same principles as those
generally applied by courts of equity in suits for injunctive
relief against threatened conduct that would cause injury to
business or property. In any such suit in which the state
substantially prevails on the merits, the state shall be entitled
to recover the cost of suit.
Sec. 604B.154. TRANSFER OF SUIT. No suit filed under this
subchapter may be transferred to another county except on order of
the court.
Sec. 604B.155. AUTHORITY OF ATTORNEY GENERAL NOT LIMITED.
Nothing in this subchapter shall be construed to limit the
constitutional or common law authority of the attorney general to
bring actions under state and federal law.
Sec. 604B.156. MUTUALLY EXCLUSIVE REMEDIES. Remedies
available under Sections 604B.152 and 15.20(a) are mutually
exclusive.
Sec. 604B.157. NO PRIVATE CAUSE OF ACTION. This chapter
does not create a private cause of action.
SECTION 2. To the extent of a conflict between Section
604B.052(3) or (4) or Section 604B.101(3) or (4), Business &
Commerce Code, as added by this Act, and a provision of a contract
entered into before the effective date of this Act, the contract
provision prevails.
SECTION 3. Notwithstanding Section 604B.053, Business &
Commerce Code, as added by this Act, a credit card issuer is not
required to comply with that section until March 1, 2026.
SECTION 4. This Act takes effect September 1, 2025.