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78R698 CLG-D

By:  McCall                                                       H.B. No. 176


A BILL TO BE ENTITLED
AN ACT
relating to the contents of a receipt issued for payment of a good or service by debit or credit card; providing a civil penalty. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter D, Chapter 35, Business & Commerce Code, is amended by adding Section 35.57 to read as follows: Sec. 35.57. SALES RECEIPT CONTAINING DEBIT OR CREDIT CARD INFORMATION. (a) In a sale of goods or services in which payment is made by use of a credit card or debit card, a seller may not issue a sales receipt or other document evidencing the transaction unless at least four digits of the cardholder's credit card account number or debit card account number are omitted from the receipt or document. (b) A person who violates this section is liable to the state for a civil penalty in an amount not to exceed $500 for each violation. The attorney general or the prosecuting attorney in the county in which the violation occurs may bring suit to recover the civil penalty imposed under this section. (c) The attorney general may bring an action in the name of the state to restrain or enjoin a person from violating this section. SECTION 2. This Act takes effect January 1, 2004.