| 2 | 4 | | |
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| 3 | 5 | | |
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| 4 | 6 | | A BILL TO BE ENTITLED |
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| 5 | 7 | | AN ACT |
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| 6 | 8 | | relating to requiring the acceptance of cash payments by retailers |
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| 7 | 9 | | in certain transactions. |
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| 8 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 11 | | SECTION 1. Subtitle C, Title 5, Business & Commerce Code, is |
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| 10 | 12 | | amended by adding Chapter 121 to read as follows: |
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| 11 | 13 | | CHAPTER 121. ACCEPTANCE OF CASH PAYMENTS BY RETAILERS |
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| 12 | 14 | | Sec. 121.001. DEFINITIONS. In this chapter: |
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| 13 | 15 | | (1) "Cash" means United States coins and currency, |
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| 14 | 16 | | including federal reserve notes. |
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| 15 | 17 | | (2) "Retailer" means a person that engages in the |
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| 16 | 18 | | business of selling or leasing, or offering for sale or lease, goods |
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| 17 | 19 | | or services at retail to the public. |
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| 18 | 20 | | Sec. 121.002. RETAILERS PROHIBITED FROM REFUSING TO ACCEPT |
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| 19 | 21 | | OR CHARGING HIGHER PRICE FOR CASH PAYMENTS; EXCEPTIONS. (a) Except |
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| 20 | 22 | | as provided by Subsection (b) or (c), a retailer that accepts |
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| 21 | 23 | | in-person payments at a physical location in this state, including |
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| 22 | 24 | | a retailer accepting in-person payments at a physical location for |
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| 23 | 25 | | telephone, mail, or Internet-based transactions: |
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| 24 | 26 | | (1) shall accept cash as a form of payment when |
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| 25 | 27 | | tendered by a customer in a transaction for the sale or lease of a |
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| 26 | 28 | | good or service if the amount of the transaction is $100 or less; |
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| 27 | 29 | | and |
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| 28 | 30 | | (2) may not charge a customer a higher price for paying |
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| 29 | 31 | | in cash for a good or service. |
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| 30 | 32 | | (b) A retailer may refuse to accept cash as a form of payment |
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| 31 | 33 | | if: |
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| 32 | 34 | | (1) there is a temporary sale system failure that |
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| 33 | 35 | | prevents the retailer from processing cash payments; |
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| 34 | 36 | | (2) subject to Subsection (d), the retailer |
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| 35 | 37 | | temporarily has insufficient cash on hand to make change for cash |
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| 36 | 38 | | transactions; or |
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| 37 | 39 | | (3) the retailer provides customers with a device on |
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| 38 | 40 | | the premises that converts cash into prepaid cards, provided: |
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| 39 | 41 | | (A) there is no fee to use the device; |
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| 40 | 42 | | (B) the device does not require a minimum deposit |
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| 41 | 43 | | of more than $1; |
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| 42 | 44 | | (C) except as provided by Subsection (e), any |
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| 43 | 45 | | funds placed on a prepaid card from the device do not expire; |
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| 44 | 46 | | (D) the device does not collect any personal |
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| 45 | 47 | | identifying information from the customer; and |
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| 46 | 48 | | (E) there is no fee to use the prepaid card as |
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| 47 | 49 | | payment. |
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| 48 | 50 | | (c) A retailer is not required to accept cash payment in |
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| 49 | 51 | | bill denominations of more than $100. |
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| 50 | 52 | | (d) If a retailer refuses to accept cash as a form of payment |
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| 51 | 53 | | under Subsection (b)(2), the retailer shall inform the customer on |
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| 52 | 54 | | refusal of the time and date the retailer expects to have sufficient |
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| 53 | 55 | | cash on hand to make change for the transaction, which may not be |
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| 54 | 56 | | later than 48 hours after the refusal. This subsection does not |
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| 55 | 57 | | require a retailer to hold a good or service until the customer |
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| 56 | 58 | | returns to make the transaction. |
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| 57 | 59 | | SECTION 2. This Act takes effect immediately if it receives |
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| 58 | 60 | | a vote of two-thirds of all the members elected to each house, as |
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| 59 | 61 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 60 | 62 | | Act does not receive the vote necessary for immediate effect, this |
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| 61 | 63 | | Act takes effect September 1, 2025. |
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