Texas Senate Bill SB2026

Texas 2025 - 89th Regular

• Filed: 3/7/25

Caption

Relating to the charging of swipe fees on certain electronic payment transaction; authorizing a civil penalty.

Impact

The enactment of SB2026 would represent a significant shift in the way swipe fees are calculated and imposed in Texas, providing a clearer framework for exclusion of taxes and gratuities from these fees. This change aims to provide relief to merchants who often face high swipe fees on total transaction amounts, which sometimes include various taxes and tips. By stipulating the necessity to exclude these amounts, the bill seeks to enhance merchant profitability and incentivize electronic payment usage. Furthermore, it introduces civil penalties for payment card networks that fail to comply with these new requirements, potentially dissuading unfair practices in fee imposition.

Summary

SB2026 is a legislative measure proposed in Texas concerning the charging of swipe fees on electronic payment transactions. The primary objective of the bill is to establish that state or local taxes and gratuities should be excluded from the total amount on which swipe fees are charged. The proposed law amends Chapter 610 of the Business & Commerce Code, creating regulations intended to prevent payment card networks from imposing fees on these specific amounts. According to the bill, if a merchant can provide documented proof of the taxes and gratuities collected, they are entitled to a deduction or rebate on the swipe fees at the time of settlement, effectively reducing the financial burden on businesses that process electronic payments.

Contention

Discussions surrounding SB2026 may involve varying perspectives on the implications of reducing swipe fees for businesses versus potential challenges to payment card networks. Supporters are likely to argue that the bill will level the playing field for small business owners who may struggle with high fees that reduce their margins. Critics, however, may raise concerns about the operational feasibility for payment card networks and the effects on consumers. There may also be a dialogue about the enforcement of civil penalties, which could create tension between merchants and payment processors if not managed transparently.