| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to a surcharge imposed for the use of a debit card or |
|
|
stored value card; providing a civil penalty. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter E, Chapter 59, Finance Code, is |
|
|
transferred to Title 12, Business & Commerce Code, redesignated as |
|
|
Chapter 604A, Business & Commerce Code, and amended to read as |
|
|
follows: |
|
|
CHAPTER 604A [SUBCHAPTER E]. PROHIBITION OF CERTAIN SURCHARGES |
|
|
[SURCHARGE] |
|
|
Sec. 604A.001 [59.401]. DEFINITIONS. In this chapter |
|
|
[subchapter]: |
|
|
(1) "Cardholder" means the person named on the face of |
|
|
a debit or stored value card to whom or for whose benefit the card is |
|
|
issued. |
|
|
(2) "Debit card" has the meaning assigned by [in] |
|
|
Section 502.001[, Business & Commerce Code]. |
|
|
(3) "Merchant" means a person in the business of |
|
|
selling or leasing goods or services. |
|
|
(4) "Stored value card" has the meaning assigned by |
|
|
[as defined in] Section 604.001(1), [Business & Commerce Code,] but |
|
|
does not include the meaning assigned by [as defined in] Section |
|
|
604.001(2)[, Business & Commerce Code]. |
|
|
(5) "Surcharge" means an increase in the price charged |
|
|
for goods or services imposed on a buyer who pays with a debit or |
|
|
stored value card that is not imposed on a buyer who pays by other |
|
|
means. The term does not include a discounted price charged for |
|
|
goods or services to a buyer who pays with cash. |
|
|
Sec. 604A.002 [59.402]. IMPOSITION OF SURCHARGE FOR USE OF |
|
|
DEBIT OR STORED VALUE CARD. (a) In a sale of goods or services, a |
|
|
merchant may not impose a surcharge on a buyer who uses a debit or |
|
|
stored value card instead of cash, a check, credit card, or a |
|
|
similar means of payment. |
|
|
(b) This section does not apply to a state agency, county, |
|
|
local governmental entity, or other governmental entity that |
|
|
accepts a debit or stored value card for the payment of fees, taxes, |
|
|
or other charges. |
|
|
Sec. 604A.003. CIVIL PENALTY. (a) A person who knowingly |
|
|
violates Section 604A.002 is liable to the state for a civil penalty |
|
|
in an amount not to exceed $1,000 for each violation. The attorney |
|
|
general or the prosecuting attorney in the county in which the |
|
|
violation occurs may bring: |
|
|
(1) a suit to recover the civil penalty imposed under |
|
|
this section; and |
|
|
(2) an action in the name of the state to restrain or |
|
|
enjoin a person from violating this chapter. |
|
|
(b) Before bringing the action, the attorney general or |
|
|
prosecuting attorney shall give the person notice of the person's |
|
|
noncompliance and liability for a civil penalty. If the person |
|
|
complies with Section 604A.002 not later than the 30th day after the |
|
|
date of the notice, the violation is cured and the person is not |
|
|
liable for the civil penalty. A person who has previously received |
|
|
notice of noncompliance under this subsection is not entitled to |
|
|
notice of or the opportunity to cure a subsequent violation of |
|
|
Section 604A.002. |
|
|
(c) The attorney general or the prosecuting attorney, as |
|
|
appropriate, is entitled to recover reasonable expenses incurred in |
|
|
obtaining injunctive relief, civil penalties, or both, under this |
|
|
section, including reasonable attorney's fees, court costs, and |
|
|
investigatory costs. |
|
|
SECTION 2. The changes in law made by this Act apply only to |
|
|
a sale of goods or services occurring on or after the effective date |
|
|
of this Act. A sale of goods or services occurring before the |
|
|
effective date of this Act is governed by the law in effect on the |
|
|
date the sale occurred, and the former law is continued in effect |
|
|
for that purpose. |
|
|
SECTION 3. This Act takes effect September 1, 2015. |