By:  Fraser                                                       S.B. No. 235
	(In the Senate - Filed January 21, 2003; February 5, 2003, 
read first time and referred to Committee on Business and Commerce; 
March 3, 2003, reported adversely, with favorable Committee 
Substitute by the following vote:  Yeas 9, Nays 0; March 3, 2003, 
sent to printer.)


COMMITTEE SUBSTITUTE FOR S.B. No. 235                                    By:  Fraser


A BILL TO BE ENTITLED

AN ACT


relating to a receipt or other document issued for payment by credit 
or debit 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 CREDIT CARD OR 
DEBIT CARD INFORMATION.  (a)  This section does not apply to a 
transaction in which the sole means of recording a person's credit 
card or debit card account number on a receipt or other document 
evidencing the transaction is by handwriting or by an imprint or 
copy of the credit card or debit card.
	(b)  A person that accepts a credit card or debit card for the 
transaction of business may not print more than the last four digits 
of the credit card or debit card account number or the month and 
year of the credit card's or debit card's expiration date on a 
receipt or other document that evidences the transaction and that 
is provided to a cardholder.
	(c)  A person who provides, leases, or sells a cash register 
or other machine used to print receipts or other documents 
evidencing credit card or debit card transactions shall provide 
notice of the requirements of this section to the recipient, 
lessee, or buyer, as applicable, of the machine.
	(d)  A court may not certify an action brought under this 
section as a class action.
	(e)  A person who violates Subsection (b) 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.  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.
	(f)  The attorney general may bring an action in the name of 
the state to restrain or enjoin a person from violating Subsection 
(b).
	SECTION 2.  (a)  This Act takes effect September 1, 2003.                      
	(b)  With respect to a cash register or other machine that is 
initially installed and in operation after August 31, 2003, this 
Act applies only to a receipt or other document evidencing a credit 
card or debit card transaction that is electronically printed by 
the cash register or other machine after August 31, 2004.
	(c)  With respect to a cash register or other machine that is 
in operation before September 1, 2003, this Act applies only to a 
sales receipt or other document evidencing a credit card or debit 
card transaction that is electronically printed by the cash 
register or other machine after December 31, 2005.



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