Bill Text: TX HB3522 | 2015-2016 | 84th Legislature | Engrossed
Bill Title: Relating to photo identification requirements for certain stored value card purchases.
Sponsorship: Slight Partisan Bill (Republican 2-1)
Status: (Engrossed - Dead) 2015-05-21 - Referred to Business & Commerce [HB3522 Detail]
Download: Texas-2015-HB3522-Engrossed.html
| By: Longoria, Laubenberg, Flynn | H.B. No. 3522 | |
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| relating to photo identification requirements for certain stored | ||
| value card purchases. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 604, Business & Commerce Code, is | ||
| amended by adding Subchapter D to read as follows: | ||
| SUBCHAPTER D. REQUIRING VERIFICATION OF IDENTITY FOR CARD | ||
| PURCHASES | ||
| Sec. 604.151. DEFINITIONS. In this subchapter: | ||
| (1) "Cardholder" means the person named on the face of | ||
| a card to whom or for whose benefit the card is issued. | ||
| (2) "Card" means a credit card or debit card. | ||
| (3) "Credit card" means a card or device issued under | ||
| an agreement by which the issuer gives to a cardholder the right to | ||
| obtain credit from the issuer or another person. | ||
| (4) "Debit card" means a card or device or other means | ||
| of access to an individual's account that may be used by the | ||
| individual to initiate electronic fund transfers. | ||
| (5) "Merchant" means a person in the business of | ||
| selling or leasing goods or services. | ||
| (6) "Photo identification" means a card or other | ||
| document that: | ||
| (A) is issued by a governmental entity to | ||
| identify an individual; and | ||
| (B) displays a photograph of the individual | ||
| identified on the card or other document. | ||
| Sec. 604.152. APPLICABILITY OF SUBCHAPTER. (a) This | ||
| subchapter does not apply to a merchant who sells or leases goods or | ||
| services at 50 or fewer retail locations in this state. | ||
| (b) Notwithstanding Section 604.002, this subchapter | ||
| applies to any point of sale transaction in which an individual | ||
| seeks to pay a merchant for the purchase of or adding value to any | ||
| stored value card. | ||
| Sec. 604.153. REQUIRING PHOTO IDENTIFICATION FOR CARD | ||
| TRANSACTION. (a) A merchant may not accept a card for payment in a | ||
| point of sale transaction for the purchase of or adding value to a | ||
| stored value card unless the merchant requires the individual who | ||
| uses the card to provide photo identification verifying the | ||
| individual's identity as the cardholder. | ||
| (b) Subsection (a) does not apply if the merchant requires | ||
| the individual presenting the credit card for payment to provide | ||
| the individual's zip code to verify the individual's identity as | ||
| authorized by Section 505.002 or as to any card transaction, | ||
| electronically enter the personal identification number (PIN) | ||
| associated with the card or unique identifier serving as an | ||
| electronic password associated with the card. | ||
| Sec. 604.154. LIABILITY FOR FAILURE TO OBTAIN | ||
| IDENTIFICATION. In the event the merchant fails to obtain photo | ||
| identification or a PIN for a card transaction or the individual's | ||
| zip code for a credit card transaction and the stored value | ||
| transaction was not authorized by the cardholder, then the merchant | ||
| shall be liable to the cardholder or the card issuing financial | ||
| institution for all losses that may be attributed to such failure. | ||
| SECTION 2. This Act takes effect September 1, 2016. | ||
