H.B. 2391

By: Bohac

Business & Industry

Committee Report (Unamended)






Interested parties contend that current law does not entitle a consumer to receive a cash refund on a low-value gift card in the consumer's possession and that stored value or gift cards with nominal balances often go unused or are lost. The parties also note that these low-value cards can create a burden for retailers needing to track the cards for auditing purposes. H.B. 2391 seeks to address this issue by balancing the rights of the consumer and the retailer in a commonsense manner.




It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.




It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.




H.B. 2391 amends the Business & Commerce Code to require the seller of a stored value card, at a consumer's request, to refund in cash to the consumer the balance of a card that is redeemed in person to make a purchase and has a remaining balance of less than $2.50 following redemption. The bill does not apply to a stored value card issued as a refund for merchandise returned without a receipt or a stored value card that has an initial value of $5 or less and to which additional value cannot be added. The bill makes the exemption from statutory provisions governing the sale or issuance of a stored value card for a card that is sold below face value or donated to certain entities or a card that does not expire and for which the seller does not charge a fee other than a fee related to the issuance and handling of the card inapplicable to the bill's cash refund requirement but maintains the exemption for certain other stored value cards.  




September 1, 2015.