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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. Subchapter E, Chapter 59, Finance Code, is |
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transferred to Title 12, Business & Commerce Code, redesignated as |
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Chapter 604A, Business & Commerce Code, and amended to read as |
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follows: |
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CHAPTER 604A [SUBCHAPTER E]. PROHIBITION OF CERTAIN SURCHARGES |
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[SURCHARGE] |
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Sec. 604A.001 [59.401]. DEFINITIONS. In this chapter |
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[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 assigned by [in] |
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Section 502.001[, Business & Commerce Code]. |
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(3) "Merchant" means a person in the business of |
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selling or leasing goods or services. |
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(4) "Stored value card" has the meaning assigned by |
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[as defined in] Section 604.001(1), [Business & Commerce Code,] but |
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does not include the meaning assigned by [as defined in] Section |
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604.001(2)[, Business & Commerce Code]. |
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(5) "Surcharge" means an increase in the price charged |
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for goods or services imposed on a buyer who pays with a debit or |
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stored value card that is not imposed on a buyer who pays by other |
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means. The term does not include a discounted price charged for |
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goods or services to a buyer who pays with cash. |
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Sec. 604A.002 [59.402]. IMPOSITION OF SURCHARGE FOR USE OF |
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DEBIT OR STORED VALUE CARD. (a) In a sale of goods or services, a |
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merchant may not impose a surcharge on a buyer who uses a debit or |
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stored value card instead of cash, a check, credit card, or a |
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similar means 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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Sec. 604A.003. CIVIL PENALTY. (a) A person who knowingly |
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violates Section 604A.002 is liable to the state for a civil penalty |
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in an amount not to exceed $500 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. The notice must: |
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(1) contain guidance to assist the person in complying |
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with this chapter; |
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(2) advise the person of the prohibition under Section |
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604A.002; and |
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(3) state that the person may be liable for a civil |
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penalty for a subsequent violation of Section 604A.002. |
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(b-1) If the person complies with Section 604A.002 not later |
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than the 30th day after the date of the notice under Subsection (b), |
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the violation is cured and the person is not liable for the civil |
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penalty. A person who has previously received notice of |
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noncompliance under Subsection (b) is not entitled to notice of or |
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the opportunity to cure a subsequent violation of Section 604A.002. |
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(c) The attorney general or the 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 2. 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 3. This Act takes effect September 1, 2015. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 641 passed the Senate on |
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April 15, 2015, by the following vote: Yeas 29, Nays 2; and that |
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the Senate concurred in House amendment on May 13, 2015, by the |
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following vote: Yeas 29, Nays 2. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 641 passed the House, with |
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amendment, on May 1, 2015, by the following vote: Yeas 113, |
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Nays 22, two present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |