|
|
|
|
By: Menendez (Senate Sponsor - Carona) |
H.B. No. 3068 |
|
(In the Senate - Received from the House April 29, 2013; |
|
May 7, 2013, read first time and referred to Committee on Business |
|
and Commerce; May 15, 2013, reported adversely, with favorable |
|
Committee Substitute by the following vote: Yeas 8, Nays 1; |
|
May 15, 2013, sent to printer.) |
|
|
COMMITTEE SUBSTITUTE FOR H.B. No. 3068 |
By: Carona |
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
|
relating to debit card or stored value card surcharges. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Chapter 59, Finance Code, is amended by adding |
|
Subchapter E to read as follows: |
|
SUBCHAPTER E. PROHIBITION OF SURCHARGE |
|
Sec. 59.401. DEFINITIONS. In this subchapter: |
|
(1) "Cardholder" means the person named on the face of |
|
a debit or stored value card to whom or for whose benefit the card is |
|
issued. |
|
(2) "Debit card" has the meaning in Section 502.001, |
|
Business & Commerce Code. |
|
(3) "Merchant" means a person in the business of |
|
selling or leasing goods or services. |
|
(4) "Stored value card" has the meaning as defined in |
|
Section 604.001(1), Business & Commerce Code, but does not include |
|
the meaning as defined in Section 604.001(2), Business & Commerce |
|
Code. |
|
Sec. 59.402. IMPOSITION OF SURCHARGE FOR USE OF DEBIT OR |
|
STORED VALUE CARD. (a) In a sale of goods or services, a merchant |
|
may not impose a surcharge on a buyer who uses a debit or stored |
|
value card instead of cash, a check, credit card, or a similar means |
|
of payment. |
|
(b) This section does not apply to a state agency, county, |
|
local governmental entity, or other governmental entity that |
|
accepts a debit or stored value card for the payment of fees, taxes, |
|
or other charges. |
|
SECTION 2. This Act takes effect September 1, 2013. |
|
|
|
* * * * * |