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A BILL TO BE ENTITLED
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AN ACT
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relating to requiring the acceptance of cash payments by retailers |
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in certain transactions. |
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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 121 to read as follows: |
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CHAPTER 121. ACCEPTANCE OF CASH PAYMENTS BY RETAILERS |
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Sec. 121.001. DEFINITIONS. In this chapter: |
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(1) "Cash" means United States coins and currency, |
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including federal reserve notes. |
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(2) "Retailer" means a person that engages in the |
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business of selling or leasing, or offering for sale or lease, goods |
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or services at retail to the public. |
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Sec. 121.002. RETAILERS PROHIBITED FROM REFUSING TO ACCEPT |
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OR CHARGING HIGHER PRICE FOR CASH PAYMENTS; EXCEPTIONS. (a) Except |
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as provided by Subsection (b) or (c), a retailer that accepts |
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in-person payments at a physical location in this state, including |
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a retailer accepting in-person payments at a physical location for |
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telephone, mail, or Internet-based transactions: |
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(1) shall accept cash as a form of payment when |
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tendered by a customer in a transaction for the sale or lease of a |
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good or service if the amount of the transaction is $100 or less; |
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and |
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(2) may not charge a customer a higher price for paying |
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in cash for a good or service. |
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(b) A retailer may refuse to accept cash as a form of payment |
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if: |
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(1) there is a temporary sale system failure that |
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prevents the retailer from processing cash payments; |
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(2) subject to Subsection (d), the retailer |
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temporarily has insufficient cash on hand to make change for cash |
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transactions; or |
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(3) the retailer provides customers with a device on |
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the premises that converts cash into prepaid cards, provided: |
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(A) there is no fee to use the device; |
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(B) the device does not require a minimum deposit |
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of more than $1; |
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(C) except as provided by Subsection (e), any |
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funds placed on a prepaid card from the device do not expire; |
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(D) the device does not collect any personal |
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identifying information from the customer; and |
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(E) there is no fee to use the prepaid card as |
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payment. |
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(c) A retailer is not required to accept cash payment in |
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bill denominations of more than $100. |
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(d) If a retailer refuses to accept cash as a form of payment |
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under Subsection (b)(2), the retailer shall inform the customer on |
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refusal of the time and date the retailer expects to have sufficient |
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cash on hand to make change for the transaction, which may not be |
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later than 48 hours after the refusal. This subsection does not |
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require a retailer to hold a good or service until the customer |
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returns to make the transaction. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2025. |