Texas 2025 - 89th Regular

Texas Senate Bill SB1736

Voted on by Senate
 
Out of House Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to a convenience fee for processing electronic payments for motor vehicles.

Impact

The introduction of SB1736 is expected to affect both consumers and vehicle sellers who utilize electronic payment methods. By providing a framework for charging convenience fees, the bill attempts to bring consistency in how these fees are applied and disclosed. Importantly, it mandates that buyers must be informed of the convenience fee prior to their agreement, ensuring greater transparency in financial transactions related to motor vehicle purchases. This aligns with ongoing efforts to regulate electronic payments within the state.

Summary

SB1736 introduces provisions regarding the collection of convenience fees for processing electronic payments in the context of retail installment contracts for motor vehicles. The bill stipulates that holders of such contracts can charge a fee that is reasonably related to the costs incurred while processing an electronic payment. This means that while these fees are permissible, they cannot exceed $10 or 5% of the transaction amount, whichever is lesser, aiming to keep fees within a reasonable range to protect consumers.

Contention

While the bill's objectives are primarily consumer protection and transparency, there may be concerns surrounding the additional cost that such fees could impose on consumers. Critics may argue that even nominal fees could accumulate, particularly for those making multiple transactions. Additionally, the implementation of the bill, effective as of September 1, 2025, could generate discussions on the fairness and appropriateness of electronic payment processing fees in the auto sales industry.

Texas Constitutional Statutes Affected

Finance Code

  • Chapter 348. Motor Vehicle Installment Sales
    • Section: New Section

Companion Bills

TX HB4134

Identical Relating to a convenience fee for processing electronic payments for motor vehicles.

Similar Bills

TX HB3309

Relating to appointment of and performance of notarial acts by an electronic notary public; authorizing a fee and creating a criminal offense.

TX HB1217

Relating to appointment of and performance of notarial acts by an online notary public and online acknowledgment and proof of written instruments; authorizing a fee and creating a criminal offense.

NC S552

Modifications to Notary Public Act

CA AB1667

Electronic wills.

CA AB2961

Civil procedure: electronic filing and service.

LA HB572

Provides for electronic notaries public and electronic notarial acts

CA AB2283

Civil actions: electronic service.

CA SB666

Service of papers: electronic service by court.