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A BILL TO BE ENTITLED
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AN ACT
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relating to the enforcement of provisions regarding the imposition |
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of a surcharge for the use of a credit card. |
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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 to |
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read as follows: |
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Sec. 339.001. IMPOSITION OF SURCHARGE FOR USE OF CREDIT |
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CARD. (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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(b) This section does not apply to a state agency, county, |
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local governmental entity, or other governmental entity that |
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accepts a credit card for the payment of fees, taxes, or other |
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charges. |
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(c) The consumer credit commissioner [Finance Commission of
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Texas] shall have exclusive jurisdiction to enforce [and adopt
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rules relating to] this section. |
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(d) The Finance Commission of Texas may adopt rules relating |
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to this section. Rules adopted pursuant to this section shall be |
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consistent with federal laws and regulations governing credit card |
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transactions described by this section. |
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(e) This section does not create a cause of action against |
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an individual for violation of this section. |
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SECTION 2. Section 14.201, Finance Code, is amended to read |
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as Investigative and enforcement authority under this subchapter |
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applies only to this chapter, Section 339.001, Subtitles B and C of |
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Title 4, Chapter 393 with respect to a credit access business, and |
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Chapter 394. |
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SECTION 3. Section 14.2015(a), Finance Code, is amended to |
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read as follows: |
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(a) Except as provided by Subsection (b), information or |
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material obtained or compiled by the commissioner in relation to an |
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examination or investigation by the commissioner or the |
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commissioner's representative of a license holder, registrant, |
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applicant, or other person under Section 339.001, Subtitle B or C, |
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Title 4, Subchapter G of Chapter 393, or Chapter 394 is confidential |
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and may not be disclosed by the commissioner or an officer or |
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employee of the Office of Consumer Credit Commissioner, including: |
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(1) information obtained from a license holder, |
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registrant, applicant, or other person examined or investigated |
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under Section 339.001, Subtitle B or C, Title 4, Subchapter G of |
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Chapter 393, or Chapter 394; |
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(2) work performed by the commissioner or the |
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commissioner's representative on information obtained from a |
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license holder, registrant, applicant, or other person for the |
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purposes of an examination or investigation conducted under Section |
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339.001, Subtitle B or C, Title 4, Chapter 393 with respect to a |
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credit access business, or Chapter 394; |
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(3) a report on an examination or investigation of a |
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license holder, registrant, applicant, or other person conducted |
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under Section 339.001, Subtitle B or C, Title 4, Chapter 393 with |
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respect to a credit access business, or Chapter 394; and |
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(4) any written communications between the license or |
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referencing an examination or investigation conducted under |
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Section 339.001, Subtitle B or C, Title 4, Chapter 393 with respect |
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to a credit access business, or Chapter 394. |
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SECTION 4. Section 14.251(b), Finance Code, is amended to |
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read as follows: |
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(b) The commissioner may order a person who violates or |
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causes a violation of this chapter, Section 339.001, Chapter 394, |
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or Subtitle B, Title 4, or a rule adopted under this chapter, |
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Section 339.001, Chapter 394, or Subtitle B, Title 4, or a credit |
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access business who violates or causes a violation of Chapter 393 or |
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a rule adopted under Chapter 393, to make restitution to an |
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identifiable person injured by the violation. |
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SECTION 5. This Act takes effect September 1, 2013. |