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AN ACT
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relating to photo identification for certain debit or credit card |
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transactions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle A, Title 11, Business & Commerce Code, |
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is amended by adding Chapter 508 to read as follows: |
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CHAPTER 508. REQUIRING VERIFICATION OF IDENTITY FOR CERTAIN CARD |
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TRANSACTIONS |
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Sec. 508.001. DEFINITIONS. In this chapter: |
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(1) "Cardholder" means the person named on the face of |
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a credit card or debit card to whom or for whose benefit the credit |
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card or debit card is issued. |
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(2) "Credit card" means a card or device issued under |
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an agreement by which the issuer gives to a cardholder the right to |
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obtain credit from the issuer or another person. |
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(3) "Debit card" means a card, device, or other means |
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of access to an individual's account at a financial institution |
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that the individual may use to initiate electronic fund transfers. |
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(4) "Merchant" means a person in the business of |
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selling goods or services. |
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(5) "Mobile wallet" means a device that uses an |
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encrypted digital token to authenticate a cardholder's identity and |
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account information. |
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(6) "Photo identification" means a card or other |
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document that: |
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(A) is issued by a governmental entity to |
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identify an individual; and |
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(B) displays a photograph of the individual |
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identified on the card or other document. |
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Sec. 508.002. REQUIRING PHOTO IDENTIFICATION FOR CREDIT OR |
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DEBIT CARD TRANSACTION. (a) A merchant, in a point of sale |
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transaction, may require the individual using the credit card or |
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debit card to provide photo identification verifying the |
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individual's identity as the cardholder. |
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(b) A merchant may choose to not accept the card for payment |
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if the individual fails to provide photo identification verifying |
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the individual's identity as the cardholder. |
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(c) This section does not apply to transactions conducted |
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with a mobile wallet. |
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Sec. 508.003. EXPIRATION. This chapter expires September |
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1, 2023. |
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SECTION 2. This Act takes effect January 1, 2018. |
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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. 1381 passed the Senate on |
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April 19, 2017, by the following vote: Yeas 30, Nays 1; and that |
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the Senate concurred in House amendment on May 26, 2017, by the |
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following vote: Yeas 30, Nays 1. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1381 passed the House, with |
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amendment, on May 19, 2017, by the following vote: Yeas 144, |
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Nays 0, 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 |