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AN ACT
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relating to debit card or stored value card surcharges. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 59, Finance Code, is amended by adding |
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Subchapter E to read as follows: |
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SUBCHAPTER E. PROHIBITION OF SURCHARGE |
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Sec. 59.401. DEFINITIONS. In this subchapter: |
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(1) "Cardholder" means the person named on the face of |
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a debit or stored value card to whom or for whose benefit the card is |
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issued. |
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(2) "Debit card" has the meaning in Section 502.001, |
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Business & Commerce Code. |
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(3) "Merchant" means a person in the business of |
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selling or leasing goods or services. |
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(4) "Stored value card" has the meaning as defined in |
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Section 604.001(1), Business & Commerce Code, but does not include |
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the meaning as defined in Section 604.001(2), Business & Commerce |
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Code. |
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Sec. 59.402. IMPOSITION OF SURCHARGE FOR USE OF DEBIT OR |
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STORED VALUE CARD. (a) In a sale of goods or services, a merchant |
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may not impose a surcharge on a buyer who uses a debit or stored |
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value card instead of cash, a check, credit card, or a similar means |
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of payment. |
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(b) This section does not apply to a state agency, county, |
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local governmental entity, or other governmental entity that |
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accepts a debit or stored value card for the payment of fees, taxes, |
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or other charges. |
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SECTION 2. This Act takes effect September 1, 2013. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 3068 was passed by the House on April |
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26, 2013, by the following vote: Yeas 126, Nays 12, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 3068 on May 22, 2013, by the following vote: Yeas 144, Nays 3, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3068 was passed by the Senate, with |
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amendments, on May 17, 2013, by the following vote: Yeas 25, Nays |
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5. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |