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A BILL TO BE ENTITLED
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AN ACT
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relating to credit card marketing activities at postsecondary |
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educational institutions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter L, Chapter 35, Business & Commerce |
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Code, as added by Chapter 130 (H.B. 85), Acts of the 80th |
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Legislature, Regular Session, 2007, is amended by adding Section |
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35.1315 to read as follows: |
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Sec. 35.1315. APPLICABILITY OF SUBCHAPTER. (a) This |
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subchapter does not apply to credit card marketing activities |
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conducted by credit card issuers at events held on the campus of a |
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postsecondary educational institution that are not primarily for |
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students or are not exclusively student-related activities, and |
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that either are open to the general public or are conducted for |
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persons who are not required to be students, such as athletics |
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events, concerts, other special events, or alumni meetings. |
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(b) This section does not prohibit the governing board of a |
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postsecondary educational institution from establishing |
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restrictions on campus credit card marketing activities within the |
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scope of the general authority of the governing board. |
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SECTION 2. Subchapter L, Chapter 35, Business & Commerce |
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Code, as added by Chapter 130 (H.B. 85), Acts of the 80th |
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Legislature, Regular Session, 2007, is amended by adding Section |
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35.1325 to read as follows: |
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Sec. 35.1325. PROHIBITION AGAINST DISCLOSURE OF STUDENT |
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CONTACT INFORMATION FOR PURPOSES OF CREDIT CARD SOLICITATION. A |
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postsecondary educational institution may not disclose to a credit |
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card issuer contact information regarding any student of the |
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institution. For purposes of this section, a student's contact |
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information includes the student's name, telephone number, e-mail |
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address, permanent or campus residence address, and mailing |
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address. If the institution is subject to Chapter 552, Government |
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Code, the institution is not required to seek a decision from the |
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attorney general under that chapter in order to withhold student |
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contact information from a credit card issuer that makes a written |
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request for the information. |
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SECTION 3. Section 35.135, Business & Commerce Code, as |
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added by Chapter 130 (H.B. 85), Acts of the 80th Legislature, |
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Regular Session, 2007, is amended to read as follows: |
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Sec. 35.135. RESTRICTION ON GIFTS OR INCENTIVES FOR |
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COMPLETING CREDIT CARD APPLICATION. A credit card issuer may not |
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offer a gift or other incentive in exchange for the completion of a |
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credit card application as part of a campus credit card marketing |
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activity [unless the credit card issuer, at the time the credit card
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issuer provides a credit card application to an individual,
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provides financial educational material developed under Section
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35.133 to the individual]. |
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SECTION 4. Subchapter A, Chapter 761, Business & Commerce |
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Code, as effective September 1, 2009, is amended by adding Section |
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761.0015 to read as follows: |
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Sec. 761.0015. APPLICABILITY OF CHAPTER. (a) This chapter |
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does not apply to credit card marketing activities conducted by |
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credit card issuers at events held on the campus of a postsecondary |
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|
educational institution that are not primarily for students or are |
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|
not exclusively student-related activities, and that either are |
|
|
open to the general public or are conducted for persons who are not |
|
|
required to be students, such as athletics events, concerts, other |
|
|
special events, or alumni meetings. |
|
|
(b) This section does not prohibit the governing board of a |
|
|
postsecondary educational institution from establishing |
|
|
restrictions on campus credit card marketing activities within the |
|
|
scope of the general authority of the governing board. |
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|
SECTION 5. Subchapter B, Chapter 761, Business & Commerce |
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Code, as effective September 1, 2009, is amended by adding Section |
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761.0515 to read as follows: |
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Sec. 761.0515. PROHIBITION AGAINST DISCLOSURE OF STUDENT |
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|
CONTACT INFORMATION FOR PURPOSES OF CREDIT CARD SOLICITATION. A |
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|
postsecondary educational institution may not disclose to a credit |
|
|
card issuer contact information regarding any student of the |
|
|
institution. For purposes of this section, a student's contact |
|
|
information includes the student's name, telephone number, e-mail |
|
|
address, permanent or campus residence address, and mailing |
|
|
address. If the institution is subject to Chapter 552, Government |
|
|
Code, the institution is not required to seek a decision from the |
|
|
attorney general under that chapter in order to withhold student |
|
|
contact information from a credit card issuer that makes a written |
|
|
request for the information. |
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SECTION 6. Section 761.052, Business & Commerce Code, as |
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effective September 1, 2009, is amended to read as follows: |
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Sec. 761.052. RESTRICTION ON GIFTS OR INCENTIVES FOR |
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COMPLETING CREDIT CARD APPLICATION. A credit card issuer may not |
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|
offer a gift or other incentive in exchange for the completion of a |
|
|
credit card application as part of a campus credit card marketing |
|
|
activity [unless the credit card issuer, at the time the credit card
|
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issuer provides a credit card application to an individual,
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provides financial educational material developed under Section
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761.101 to the individual]. |
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SECTION 7. (a) Sections 1, 2, and 3 of this Act take effect |
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only if the Act of the 81st Legislature, Regular Session, 2009, |
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relating to nonsubstantive additions to and corrections in existing |
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codes does not become law. |
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(b) Sections 4, 5, and 6 of this Act take effect only if the |
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Act of the 81st Legislature, Regular Session, 2009, relating to |
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nonsubstantive additions to and corrections in existing codes |
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becomes law. |
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SECTION 8. This Act takes effect September 1, 2009. |