By: Harris Davila H.B. No. 4610
A BILL TO BE ENTITLED
AN ACT
relating to requiring the acceptance of cash payments by retailers
in certain transactions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 5, Business & Commerce Code, is
amended by adding Chapter 121 to read as follows:
CHAPTER 121. ACCEPTANCE OF CASH PAYMENTS BY RETAILERS
Sec. 121.001. DEFINITIONS. In this chapter:
(1) "Cash" means United States coins and currency,
including federal reserve notes.
(2) "Retailer" means a person that engages in the
business of selling or leasing, or offering for sale or lease, goods
or services at retail to the public.
Sec. 121.002. RETAILERS PROHIBITED FROM REFUSING TO ACCEPT
OR CHARGING HIGHER PRICE FOR CASH PAYMENTS; EXCEPTIONS. (a) Except
as provided by Subsection (b) or (c), a retailer that accepts
in-person payments at a physical location in this state, including
a retailer accepting in-person payments at a physical location for
telephone, mail, or Internet-based transactions:
(1) shall accept cash as a form of payment when
tendered by a customer in a transaction for the sale or lease of a
good or service if the amount of the transaction is $100 or less;
and
(2) may not charge a customer a higher price for paying
in cash for a good or service.
(b) A retailer may refuse to accept cash as a form of payment
if:
(1) there is a temporary sale system failure that
prevents the retailer from processing cash payments;
(2) subject to Subsection (d), the retailer
temporarily has insufficient cash on hand to make change for cash
transactions; or
(3) the retailer provides customers with a device on
the premises that converts cash into prepaid cards, provided:
(A) there is no fee to use the device;
(B) the device does not require a minimum deposit
of more than $1;
(C) except as provided by Subsection (e), any
funds placed on a prepaid card from the device do not expire;
(D) the device does not collect any personal
identifying information from the customer; and
(E) there is no fee to use the prepaid card as
payment.
(c) A retailer is not required to accept cash payment in
bill denominations of more than $100.
(d) If a retailer refuses to accept cash as a form of payment
under Subsection (b)(2), the retailer shall inform the customer on
refusal of the time and date the retailer expects to have sufficient
cash on hand to make change for the transaction, which may not be
later than 48 hours after the refusal. This subsection does not
require a retailer to hold a good or service until the customer
returns to make the transaction.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2025.