By Brimer                                              H.B. No. 955
       74R1141 DWS-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to charges for sales of motor vehicle fuel involving
    1-3  certain means of payment; providing a criminal penalty.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Chapter 4, Title 132, Revised Statutes, is
    1-6  amended by adding Article 8615 to read as follows:
    1-7        Art. 8615.  CHARGES FOR MOTOR VEHICLE FUEL; METHOD OF PAYMENT
    1-8        Sec. 1.  PROHIBITION.  A person in the business of selling
    1-9  motor vehicle fuel at retail may not, solely because a buyer uses a
   1-10  credit card or cash as means of payment for a sale of motor vehicle
   1-11  fuel:
   1-12              (1)  charge the buyer a price for a unit of fuel that
   1-13  is different than the price for that unit indicated on the pump
   1-14  from which the fuel was dispensed;
   1-15              (2)  charge the buyer a surcharge; or
   1-16              (3)  remit to the buyer a rebate.
   1-17        Sec. 2.  PENALTY.  (a)  A person commits an offense if the
   1-18  person violates Section 1 of this article.
   1-19        (b)  An offense under this section is a Class C misdemeanor.
   1-20        Sec. 3.  DEFINITION.  In this article, "person" includes an
   1-21  individual, association, and corporation.
   1-22        SECTION 2.  This Act takes effect September 1, 1995.
   1-23        SECTION 3.  The importance of this legislation and the
   1-24  crowded condition of the calendars in both houses create an
    2-1  emergency and an imperative public necessity that the
    2-2  constitutional rule requiring bills to be read on three several
    2-3  days in each house be suspended, and this rule is hereby suspended.