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A BILL TO BE ENTITLED
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AN ACT
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relating to fees charged by certain persons for the method used for |
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payments made under an agreement. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle C, Title 5, Business & Commerce Code, is |
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amended by adding Chapter 116 to read as follows: |
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CHAPTER 116. FEES FOR CERTAIN PAYMENT METHODS |
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Sec. 116.0001. DEFINITIONS. In this chapter: |
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(1) "Payee" means an individual who resides in this |
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state or a corporation, trust, partnership, association, or other |
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private legal entity authorized to do business in this state that |
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receives money as payment under an agreement. |
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(2) "Person" means an individual, corporation, trust, |
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partnership, association, or other private legal entity. |
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Sec. 116.0002. FEE FOR CERTAIN PAYMENTS BY PAPER CHECK |
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PROHIBITED. (a) A person that makes a payment to a payee may not |
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charge an additional fee to the payee because the payee elects to |
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receive the payment by paper check instead of by an automated |
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clearinghouse transaction or other electronic funds transfer. |
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(b) A provision in a contract permitting a person to charge |
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or collect a fee from a payee in violation of Subsection (a) is void |
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and unenforceable. |
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SECTION 2. To the extent of a conflict between Section |
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116.0002(a), Business & Commerce Code, as added by this Act, and a |
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provision of a contract entered into before the effective date of |
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this Act, the provision of the contract prevails. |
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SECTION 3. This Act takes effect September 1, 2021. |