Bill Text: TX HB3068 | 2013-2014 | 83rd Legislature | Enrolled
Bill Title: Relating to debit card or stored value card surcharges.
Sponsorship: Bipartisan Bill
Status: (Passed) 2013-06-14 - Effective on 9/1/13 [HB3068 Detail]
Download: Texas-2013-HB3068-Enrolled.html
| H.B. No. 3068 | ||
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| 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. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 3068 was passed by the House on April | ||
| 26, 2013, by the following vote: Yeas 126, Nays 12, 1 present, not | ||
| voting; and that the House concurred in Senate amendments to H.B. | ||
| No. 3068 on May 22, 2013, by the following vote: Yeas 144, Nays 3, | ||
| 2 present, not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 3068 was passed by the Senate, with | ||
| amendments, on May 17, 2013, by the following vote: Yeas 25, Nays | ||
| 5. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: __________________ | ||
| Date | ||
| __________________ | ||
| Governor | ||
