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By: Schwertner |
S.B. No. 641 |
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(In the Senate - Filed February 19, 2015; February 24, 2015, |
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read first time and referred to Committee on Business and Commerce; |
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March 23, 2015, reported adversely, with favorable Committee |
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Substitute by the following vote: Yeas 9, Nays 0; March 23, 2015, |
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sent to printer.) |
| Click here to see the committee vote |
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COMMITTEE SUBSTITUTE FOR S.B. No. 641 |
By: Schwertner |
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A BILL TO BE ENTITLED
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AN ACT
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relating to debit card or stored value card surcharges; providing a |
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civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 59.401, Finance Code, is amended by |
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adding Subdivision (5) to read as follows: |
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(5) "Surcharge" means any increase in the price |
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charged for goods or services imposed on a customer who pays with a |
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debit or stored value card that is not imposed on a customer who |
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pays by other means. |
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SECTION 2. Subchapter E, Chapter 59, Finance Code, is |
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amended by adding Section 59.403 to read as follows: |
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Sec. 59.403. CIVIL PENALTY. (a) A person who knowingly |
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violates Section 59.402 is liable to the state for a civil penalty |
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in an amount not to exceed $1,000 for each violation. The attorney |
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general or the prosecuting attorney in the county in which the |
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violation occurs may bring: |
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(1) a suit to recover the civil penalty imposed under |
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this section; and |
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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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(b) Before bringing the action, the attorney general or |
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prosecuting attorney shall give the person notice of the person's |
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noncompliance and liability for a civil penalty. If the person |
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complies with Section 59.402 not later than the 30th day after the |
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date of the notice, the violation is cured and the person is not |
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liable for the civil penalty. |
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(c) The attorney general or prosecuting attorney, as |
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appropriate, is entitled to recover reasonable expenses incurred in |
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obtaining injunctive relief, civil penalties, or both, under this |
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section, including reasonable attorney's fees, court costs, and |
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investigatory costs. |
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SECTION 3. 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 occurring before the |
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effective date of this Act is governed by the law in effect on the |
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date the sale occurred, and the former law is continued in effect |
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for that purpose. |
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SECTION 4. This Act takes effect September 1, 2015. |
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* * * * * |