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A BILL TO BE ENTITLED
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AN ACT
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relating to debit card surcharges. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 59, Finance Code, is amended by adding |
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Subchapter E to read as follows: |
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SUBCHAPTER E. PROHIBITION OF SURCHARGE |
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Sec. 59.401. DEFINITIONS. In this 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 in Section 502.001, |
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Business & Commerce Code. |
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(3) "Goods" means tangible, readily portable items |
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offered for sale. |
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(4) "Merchant" means a person in the business of |
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selling or leasing goods or services. |
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(5) "Services" means work, labor, or service that is |
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purchased, including services furnished in connection with the sale |
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or repair of goods or with the rental of goods. |
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(6) "Stored value card" has the meaning as defined in |
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Section 604.001(1), Business & Commerce Code, but does not include |
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the meaning as defined in Section 604.001(2), Business & Commerce |
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Code. |
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Sec. 59.402. IMPOSITION OF SURCHARGE FOR USE OF DEBIT OR |
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STORED VALUE CARD. (a) In a sale of goods or services, a merchant |
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may not impose a surcharge on a buyer who uses a debit or stored |
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value card instead of cash, a check, credit card, or a similar means |
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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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SECTION 2. This Act takes effect September 1, 2013. |