Bill Text: TX HB3526 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to requiring photo identification for certain card purchases.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-03-25 - Left pending in committee [HB3526 Detail]
Download: Texas-2015-HB3526-Introduced.html
By: Longoria | H.B. No. 3526 |
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relating to requiring photo identification for certain card | ||
purchases. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subtitle A, Title 11, Business & Commerce Code, | ||
is amended by adding Chapter 506 to read as follows: | ||
CHAPTER 506. REQUIRING VERIFICATION OF IDENTITY FOR CERTAIN CARD | ||
PURCHASES | ||
Sec. 506.001. DEFINITIONS. In this chapter: | ||
(1) "Cardholder" means the person named on the face of | ||
a credit 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 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. 506.002. REQUIRING PHOTO IDENTIFICATION FOR CERTAIN | ||
CARD TRANSACTIONS. (a) A merchant may not accept a card for payment | ||
in a face-to-face transaction unless the merchant requires the | ||
individual presenting the card to provide photo identification | ||
verifying the individual's identity as the cardholder if the | ||
transaction is for: | ||
(1) the purchase of goods or services in an amount of | ||
more than $200; or | ||
(2) the purchase of a stored value card as defined by | ||
Section 604.001. | ||
(b) Subsection (a) does not apply if the merchant requires | ||
the individual presenting the card for payment to: | ||
(1) electronically enter the individual's zip code to | ||
verify the individual's identity as authorized by Section 505.002; | ||
or | ||
(2) electronically enter the personal identification | ||
number (PIN) associated with the card. | ||
Sec. 506.003 LIABILITY FOR FAILURE TO OBTAIN | ||
IDENTIFICATION. In the event the merchant fails to obtain photo | ||
identification 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 January 1, 2016. |