Sec. 339.001. IMPOSITION OF SURCHARGE FOR USE OF CREDIT CARD. (a) In a sale of goods or services, a seller may not impose a surcharge on a buyer who uses a credit card for an extension of credit instead of cash, a check, or a similar means of payment.
(b) This section does not apply to:
(1) a state agency, county, local governmental entity, or other governmental entity that accepts a credit card for the payment of fees, taxes, or other charges; or
(2) a private school that accepts a credit card for the payment of fees or other charges, as provided by Section 111.002, Business & Commerce Code.
(c) The consumer credit commissioner has exclusive jurisdiction to enforce this section.
(d) The Finance Commission of Texas may adopt rules relating to this section. Rules adopted pursuant to this section shall be consistent with federal laws and regulations governing credit card transactions described by this section.
(e) This section does not create a cause of action against an individual for violation of this section.
Amended by Acts 1999, 76th Leg., ch. 62, Sec. 7.18(a), eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 1018 (H.B. 955), Sec. 2.15, eff. September 1, 2005.
Acts 2013, 83rd Leg., R.S., Ch. 63 (H.B. 2548), Sec. 1, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 357 (H.B. 1881), Sec. 3, eff. June 9, 2015.
Section: 339.001 339.002 339.003 339.004 NextLast modified: September 28, 2016