Bill Text: TX HB3710 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the advertisement of prices by persons selling motor fuel.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2023-03-20 - Referred to Business & Industry [HB3710 Detail]
Download: Texas-2023-HB3710-Introduced.html
By: Bryant | H.B. No. 3710 |
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relating to the advertisement of prices by persons selling motor | ||
fuel. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. This Act may be cited as the Transparency at the | ||
Pump Act of 2023. | ||
SECTION 2. Title 12, Business & Commerce Code, is amended by | ||
adding Chapter 610 to read as follows: | ||
CHAPTER 610. TRANSPARENCY IN MOTOR FUEL PRICING | ||
Sec. 610.001. DEFINITIONS. In this chapter: | ||
(1) "Merchant" means a person whose business includes | ||
the sale of motor fuel through motor fuel dispensers to retail | ||
customers. | ||
(2) "Motor fuel" has the meaning assigned by Section | ||
162.001, Tax Code. | ||
(3) "Credit card" means an identification card, plate, | ||
coupon, book, or number or any other device authorizing a | ||
designated person or bearer to obtain property or service on | ||
credit. | ||
(4) "Debit card" means an identification card, plate, | ||
coupon, book, or number or any other device authorizing a | ||
designated person or bearer to communicate a request to an unmanned | ||
teller machine or a customer convenience terminal or to obtain | ||
property or services by debit to an account at a financial | ||
institution. | ||
Sec. 610.002. MOTOR FUEL PRICE DISPLAY REQUIREMENTS. (a) A | ||
merchant shall display the price of the motor fuel mixtures sold by | ||
the merchant with a prominent sign: | ||
(1) on the motor fuel pump; and | ||
(2) by the roadside adjacent to the merchant's | ||
premises. | ||
(b) A merchant shall visibly differentiate the price of the | ||
motor fuel mixtures sold by the merchant to a retail customer paying | ||
with: | ||
(1) cash, a debit card, or a gift card; or | ||
(2) a credit card. | ||
(c) A merchant shall visibly display on the motor fuel pump | ||
any difference between the price of the motor fuel mixture sold by | ||
the merchant to a retail customer paying with cash and the price a | ||
retail customer paying with a debit card, gift card, or credit card | ||
would pay. | ||
(d) A merchant that sells more than one grade of a certain | ||
motor fuel may display the price of only the lowest grade of each | ||
motor fuel sold. | ||
Sec. 610.003. VIOLATION OF CHAPTER; DECEPTIVE TRADE | ||
PRACTICE. A violation of this chapter is a deceptive trade practice | ||
under Subchapter B, Chapter 17, and is actionable under that | ||
subchapter. | ||
SECTION 3. The change in law made by this Act applies only | ||
to an advertisement or sale of motor fuel that takes place on or | ||
after April 1, 2024. An advertisement or sale of motor fuel that | ||
takes place before April 1, 2024, is governed by the law in effect | ||
on the date the advertisement or sale of motor fuel took place, and | ||
the former law is continued in effect for that purpose. | ||
SECTION 4. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2023. |