78R2351 RCJ-D

By:  Hopson                                                       H.B. No. 277



A BILL TO BE ENTITLED

AN ACT

relating to the contents of a receipt or other document issued for 
payment 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 35.58 to read as follows:
	Sec. 35.58.  BUSINESS RECEIPT CONTAINING DEBIT OR CREDIT 
CARD INFORMATION.  (a)  This section does not apply to a 
transaction in which the sole means of recording a person's debit or 
credit card account number on a receipt or other document 
evidencing the transaction is by handwriting or by an imprint or 
copy of the debit or credit card.
	(b)  A person that accepts a debit or credit card for the 
transaction of business may not use a cash register or other machine 
to print a receipt or other document that evidences 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.
	(c)  A person who violates this section is liable to the 
state for a civil penalty in an amount not to exceed $500 for each 
calendar month during which a violation occurs. The civil penalty 
may not be imposed for more than one violation that occurs in a 
month.
	(d)  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 Subsection (c).
	SECTION 2.  This Act takes effect January 1, 2004.