| |
| |
| |
|
|
AN ACT
|
|
|
relating to fees charged by certain persons for the method used for |
|
|
payments made under an agreement. |
|
|
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 116 to read as follows: |
|
|
CHAPTER 116. FEES FOR CERTAIN PAYMENT METHODS |
|
|
Sec. 116.0001. DEFINITIONS. In this chapter: |
|
|
(1) "Payee" means an individual who resides in this |
|
|
state or a corporation, trust, partnership, association, or other |
|
|
private legal entity authorized to do business in this state that |
|
|
receives money as payment under an agreement. |
|
|
(2) "Person" means an individual, corporation, trust, |
|
|
partnership, association, or other private legal entity. |
|
|
Sec. 116.0002. FEE FOR CERTAIN PAYMENTS BY PAPER CHECK |
|
|
PROHIBITED. (a) A person that makes a payment to a payee may not |
|
|
charge an additional fee to the payee because the payee elects to |
|
|
receive the payment by paper check instead of by an automated |
|
|
clearinghouse transaction or other electronic funds transfer. |
|
|
(b) A provision in a contract permitting a person to charge |
|
|
or collect a fee from a payee in violation of Subsection (a) is void |
|
|
and unenforceable. |
|
|
SECTION 2. To the extent of a conflict between Section |
|
|
116.0002(a), Business & Commerce Code, as added by this Act, and a |
|
|
provision of a contract entered into before the effective date of |
|
|
this Act, the provision of the contract prevails. |
|
|
SECTION 3. This Act takes effect September 1, 2021. |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
| |
|
|
I certify that H.B. No. 876 was passed by the House on April |
|
|
9, 2021, by the following vote: Yeas 139, Nays 5, 2 present, not |
|
|
voting. |
|
|
|
|
|
______________________________ |
|
|
Chief Clerk of the House |
| |
| |
|
|
I certify that H.B. No. 876 was passed by the Senate on May |
|
|
19, 2021, by the following vote: Yeas 30, Nays 1. |
|
|
|
|
|
______________________________ |
|
|
Secretary of the Senate |
|
|
APPROVED: _____________________ |
|
|
Date |
|
|
|
|
|
_____________________ |
|
|
Governor |