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Amend CSSB 446 (committee printing) as follows:                              

(1)  In SECTION 1 of the bill (page 1, lines 14-33), strike 	proposed Section 35.42, Business & Commerce Code, and substitute 
the following:
	Sec. 35.42.  REDUCTION OF VALUE OR EXPIRATION OF STORED 
VALUE CARD.  (a)  In this section:
		(1)  "Record" has the meaning assigned by Section 
43.002, and includes a record that contains a microprocessor chip, 
magnetic strip, or other means of storing information.
		(2)  "Stored value card" means a record that evidences 
a promise made for monetary consideration by the seller or issuer of 
the record that goods or services will be provided to the owner of 
the record in the value shown in the record, that is prefunded, and 
the value of which is reduced on redemption.  The term includes a 
gift card or gift certificate.
		(3)  "Use" of a stored value card includes a whole or 
partial redemption of or adding value to the card.
	(b)  This section does not apply to a stored value card that:           
		(1)  is distributed by the issuer to a person under an 
awards, rewards, loyalty, or promotional program and not issued or 
reloaded in exchange for money tendered by the cardholder;
		(2)  is sold below face value or donated to:                           
			(A)  an employee of the seller or issuer;                             
			(B)  a nonprofit or charitable organization; or                       
			(C)  an educational institution, for fund-raising 
purposes;         
		(3)  is issued by a financial institution acting as a 
financial agent of the United States or this state;
		(4)  is issued as a prepaid calling card by a prepaid 
calling card company regulated under Section 55.253, Utilities 
Code; or
		(5)  does not expire and for which the seller does not 
charge a fee other than at the time of purchase.
	(c)  This section does not apply to a stored value card 
issued by a federally insured financial institution, as defined by 
Section 201.101, Finance Code, for which the financial institution 
is primarily liable as the issuing principal.
	(d)  If disclosed as provided by Subsection (f), the issuer 
of a stored value card may impose and collect a reasonable handling 
fee in connection with the issuance of or adding of value to the 
card and a reasonable reissue or replacement charge if a lost or 
expired card is reissued or replaced.
	(e)  The issuer of a stored value card may impose or collect a 
periodic fee or other charge that causes the unredeemed balance of 
the card to decrease over time only if the fee is reasonable, is not 
assessed until after the first anniversary of the date the card is 
sold or issued, and is disclosed as provided by Subsection (f).
	(f)  An expiration date or policy, fee, or other material 
restriction or contract term applicable to a stored value card must 
be clearly and conspicuously disclosed to a person at the time the 
card is sold or issued to the person to enable the person to make an 
informed decision before the person purchases the card.  A 
disclosure must be legibly printed on the retail packaging for the 
stored value card or on a posted notice accompanying the sales 
display.  A disclosure regarding expiration or a periodic fee that 
reduces the unredeemed value of the stored value card must also be 
legibly printed on the card.  A stored value card that is sold 
without the disclosure as required by this section of an expiration 
date or policy, fee, or other material restriction or contract term 
applicable to the card is valid until redeemed or replaced.
	(2)  Add the following appropriately numbered SECTIONS to 
the bill and renumber subsequent SECTIONS of the bill accordingly:
	SECTION ___.  Section 72.101(a), Property Code, is amended 
to read as follows:
	(a)  Except as provided by this section and Sections 72.1015, 
72.1016, and 72.102, personal property is presumed abandoned if, 
for longer than three years:
		(1)  the existence and location of the owner of the 
property is unknown to the holder of the property;  and
		(2)  according to the knowledge and records of the 
holder of the property, a claim to the property has not been 
asserted or an act of ownership of the property has not been 
exercised.
	SECTION ___.  Subchapter B, Chapter 72, Property Code, is 
amended by adding Section 72.1016 to read as follows:
	Sec. 72.1016.  STORED VALUE CARD.  (a)  This section applies 
to a stored value card, as defined by Section 35.42(a), Business &
Commerce Code, other than a card:
		(1)  to which Section 35.42, Business & Commerce Code, 
does not apply by operation of Subsection (b) of that section; or
		(2)  that is linked to and draws its value solely from a 
deposit account subject to Chapter 73.
	(b)  If the existence and location of the owner of a stored 
value card is unknown to the holder of the property, the stored 
value card is presumed abandoned to the extent of its unredeemed and 
uncharged value on the earlier of:
		(1)  the card's expiration date;                                       
		(2)  the third anniversary of the date the card was 
issued, if the card is not used after it is issued, or the date the 
card was last used or value was last added to the card; or
		(3)  the first anniversary of the date the card was 
issued, if the card is not used after it is issued, or the date the 
card was last used or value was last added to the card, if the card's 
value represents wages, as defined by Section 61.001, Labor Code.
	(c)  A person who sells or issues a stored value card in this 
state shall obtain the name and address of the apparent owner of the 
card and maintain a record of the owner's name and address and the 
identification number of the card.  In the absence of an address 
record, the address of the apparent owner is considered to be the 
Austin, Texas, address of the comptroller.
	(d)  A person may charge a fee against a stored value card as 
provided by Section 35.42, Business & Commerce Code.  A fee may not 
be charged against a stored value card after the card is presumed 
abandoned under this section.

	SECTION ____.  Section 72.103, Property Code, is amended to 
read as follows:
	Sec. 72.103.  PRESERVATION OF PROPERTY.  Notwithstanding any 
other provision of this title except a provision of this section or 
Section 72.1016 relating to a money order or a stored value card, a 
holder of abandoned property shall preserve the property and may 
not at any time, by any procedure, including a deduction for 
service, maintenance, or other charge, transfer or convert to the 
profits or assets of the holder or otherwise reduce the value of the 
property.  For purposes of this section, value is determined as of 
the date of the last transaction or contact concerning the 
property, except that in the case of a money order, value is 
determined as of the date the property is presumed abandoned under 
Section 72.102(c).  If a holder imposes service, maintenance, or 
other charges on a money order prior to the time of presumed 
abandonment, such charges may not exceed the amount of 50 cents per 
month for each month the money order remains uncashed prior to the 
month in which the money order is presumed abandoned.
	SECTION ____.  Section 73.001(a)(1), Property Code, is 
amended to read as follows:
		(1)  "Account" means funds deposited with a depository 
in an interest-bearing account, a checking or savings account, or 
funds received by a depository in exchange for the purchase of a 
stored value card.
	(3)  In SECTION 2 of the bill (page 1, lines 34-35), strike 
"change in law made by Section 35.42, Business & Commerce Code, as 
added by this Act, applies" and substitute "changes in law made by 
this Act apply".
	(4)  In SECTION 2 of the bill (page 1, line 35), strike "gift" 
and substitute "stored value".
	(5)  In SECTION 2 of the bill (page 1, line 37), strike "gift" 
and substitute "stored value".