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A BILL TO BE ENTITLED
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AN ACT
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relating to a surcharge imposed for the use of a debit card or |
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stored value card; providing a civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter E, Chapter 59, Finance Code, is |
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transferred to Title 12, Business & Commerce Code, redesignated as |
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Chapter 604A, Business & Commerce Code, and amended to read as |
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follows: |
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CHAPTER 604A [SUBCHAPTER E]. PROHIBITION OF CERTAIN SURCHARGES |
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[SURCHARGE] |
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Sec. 604A.001 [59.401]. DEFINITIONS. In this chapter |
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[subchapter]: |
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(1) "Cardholder" means the person named on the face of |
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a debit or stored value card to whom or for whose benefit the card is |
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issued. |
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(2) "Debit card" has the meaning assigned by [in] |
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Section 502.001[, Business & Commerce Code]. |
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(3) "Merchant" means a person in the business of |
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selling or leasing goods or services. |
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(4) "Stored value card" has the meaning assigned by |
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[as defined in] Section 604.001(1), [Business & Commerce Code,] but |
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does not include the meaning assigned by [as defined in] Section |
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604.001(2)[, Business & Commerce Code]. |
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(5) "Surcharge" means an increase in the price charged |
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for goods or services imposed on a buyer who pays with a debit or |
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stored value card that is not imposed on a buyer who pays by other |
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means. |
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Sec. 604A.002 [59.402]. IMPOSITION OF SURCHARGE FOR USE OF |
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DEBIT OR STORED VALUE CARD. (a) In a sale of goods or services, a |
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merchant may not impose a surcharge on a buyer who uses a debit or |
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stored value card instead of cash, a check, credit card, or a |
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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 debit or stored value card for the payment of fees, taxes, |
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or other charges. |
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Sec. 604A.003. CIVIL PENALTY; INJUNCTIVE RELIEF. (a) If |
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the attorney general has reason to believe that a person has |
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violated this chapter, the attorney general shall send a warning |
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letter to the person alleged to have committed the violation. The |
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letter must advise the person of the requirements of Section |
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604A.002 and state that the person may be liable for a civil penalty |
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under this chapter for subsequent violations. |
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(b) The attorney general may not send to a person more than |
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one letter for each day on which the attorney general believes the |
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person has violated this chapter. |
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(c) A person who violates this chapter after receiving three |
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or more warning letters under Subsection (a) for previous alleged |
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violations is liable to the state for a civil penalty of $2,000 for |
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each instance of a violation that occurs after the third letter. |
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The attorney general or the prosecuting attorney in the county in |
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which the violation occurs may bring: |
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(1) an action to recover the civil penalty imposed by |
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this section; or |
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(2) an action in the name of the state to restrain or |
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enjoin a person from violating this chapter. |
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(d) The attorney general or the prosecuting attorney in the |
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county in which the violation occurs, as appropriate, is entitled |
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to recover reasonable expenses incurred in obtaining civil |
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penalties, injunctive relief, or both under this section, including |
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reasonable attorney's fees, court costs, and investigatory costs. |
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SECTION 2. The changes in law made by this Act apply only to |
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a sale of goods or services occurring on or after the effective date |
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of this Act. A sale of goods or services that occurred before the |
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effective date of this Act is governed by the law as it existed |
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immediately before the effective date of this Act, and the former |
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law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2015. |