Bill Text: TX HB876 | 2021-2022 | 87th Legislature | Enrolled
Bill Title: Relating to fees charged by certain persons for the method used for payments made under an agreement.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2021-06-04 - Effective on 9/1/21 [HB876 Detail]
Download: Texas-2021-HB876-Enrolled.html
| H.B. No. 876 | ||
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| relating to fees charged by certain persons for the method used for | ||
| payments made under an agreement. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subtitle C, Title 5, Business & Commerce Code, is | ||
| amended by adding Chapter 116 to read as follows: | ||
| CHAPTER 116. FEES FOR CERTAIN PAYMENT METHODS | ||
| Sec. 116.0001. DEFINITIONS. In this chapter: | ||
| (1) "Payee" means an individual who resides in this | ||
| state or a corporation, trust, partnership, association, or other | ||
| private legal entity authorized to do business in this state that | ||
| receives money as payment under an agreement. | ||
| (2) "Person" means an individual, corporation, trust, | ||
| partnership, association, or other private legal entity. | ||
| Sec. 116.0002. FEE FOR CERTAIN PAYMENTS BY PAPER CHECK | ||
| PROHIBITED. (a) A person that makes a payment to a payee may not | ||
| charge an additional fee to the payee because the payee elects to | ||
| receive the payment by paper check instead of by an automated | ||
| clearinghouse transaction or other electronic funds transfer. | ||
| (b) A provision in a contract permitting a person to charge | ||
| or collect a fee from a payee in violation of Subsection (a) is void | ||
| and unenforceable. | ||
| SECTION 2. To the extent of a conflict between Section | ||
| 116.0002(a), Business & Commerce Code, as added by this Act, and a | ||
| provision of a contract entered into before the effective date of | ||
| this Act, the provision of the contract prevails. | ||
| SECTION 3. This Act takes effect September 1, 2021. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 876 was passed by the House on April | ||
| 9, 2021, by the following vote: Yeas 139, Nays 5, 2 present, not | ||
| voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 876 was passed by the Senate on May | ||
| 19, 2021, by the following vote: Yeas 30, Nays 1. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: _____________________ | ||
| Date | ||
| _____________________ | ||
| Governor | ||
