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A BILL TO BE ENTITLED
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AN ACT
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relating to the imposition of a surcharge for use of a credit card |
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for certain purchases. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 339.001, Finance Code, is amended by |
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amending Subsection (a) and adding Subsection (d) to read as |
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follows: |
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(a) In a sale of goods or services, a seller may not impose a |
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surcharge on a buyer who uses a credit card for an extension of |
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credit instead of cash, a check, or a similar means of payment |
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unless: |
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(1) before the sale the seller has disclosed the |
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surcharge to the buyer; |
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(2) the amount of the sale, before including the |
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surcharge, does not exceed $10; and |
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(3) the surcharge does not exceed $1. |
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(d) A surcharge for an in-person transaction may be |
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disclosed, as required by Subsection (a), by posting a notice of the |
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surcharge in a conspicuous location. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |