Bill Text: TX HB411 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to requiring photo identification for certain purchases paid with a credit card or debit card.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2017-02-20 - Referred to Investments & Financial Services [HB411 Detail]
Download: Texas-2017-HB411-Introduced.html
| 85R4162 CLG-F | ||
| By: Longoria | H.B. No. 411 | |
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| relating to requiring photo identification for certain purchases | ||
| paid with a credit card or debit card. | ||
| 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 508 to read as follows: | ||
| CHAPTER 508. REQUIRING VERIFICATION OF IDENTITY FOR CERTAIN | ||
| PURCHASES PAID WITH CREDIT CARD OR DEBIT CARD | ||
| Sec. 508.001. DEFINITIONS. In this chapter: | ||
| (1) "Cardholder" means the person named on the face of | ||
| a credit card or debit card to whom or for whose benefit the credit | ||
| card or debit card is issued. | ||
| (2) "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. | ||
| (3) "Debit card" means a card, device, or other means | ||
| of access to an individual's account at a financial institution | ||
| that the individual may use to initiate electronic fund transfers. | ||
| (4) "Merchant" means a person in the business of | ||
| selling goods or services. | ||
| (5) "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. 508.002. REQUIRING PHOTO IDENTIFICATION FOR CERTAIN | ||
| CREDIT OR DEBIT CARD TRANSACTIONS. (a) A merchant may not accept a | ||
| credit card or debit card for payment in a face-to-face transaction | ||
| unless the merchant requires the individual presenting the credit | ||
| card or debit 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: | ||
| (1) the individual presenting the credit card for | ||
| payment to electronically enter the individual's zip code to verify | ||
| the individual's identity as authorized by Section 505.002; or | ||
| (2) the individual presenting the credit card or debit | ||
| card for payment to electronically enter the personal | ||
| identification number (PIN) associated with the card. | ||
| Sec. 508.003. LIABILITY FOR FAILURE TO OBTAIN | ||
| IDENTIFICATION. A merchant who violates Section 508.002 in | ||
| connection with a transaction described by that section that is not | ||
| authorized by the cardholder is liable to the cardholder or the | ||
| financial institution that issued the credit card or debit card for | ||
| all losses attributable to the violation. | ||
| SECTION 2. This Act takes effect January 1, 2018. | ||
