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Tex. Bus. & Com. Code § 604A.0021

IMPOSITION OF SURCHARGE FOR USE OF CREDIT CARD

Applied in 2 court decisions — leading case Italian Colors Restaurant v. Becerra (2018)

Most recently applied in 336 F. Supp. 3d 724 - Rowell v. Paxton (August 2018)

Amended by Acts 1999, 76th Leg., ch. 62, Sec. 7.18(a), eff

(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.

(c) This section does not create a cause of action against an individual for violation of this section.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.