Title BC, Business and Commerce Code

Sec. 604.103. VALIDITY OF CARD SOLD WITHOUT REQUIRED DISCLOSURES. A stored value card sold without the disclosure required by this subchapter of an expiration date or policy, fee, or other material restriction or contract term applicable to the card is valid until redeemed or rep…

Sec. 604.151. APPLICABILITY OF SUBCHAPTER. (a) This subchapter does not apply to a stored value card: (1) described by Sections 604.002(1)-(3); (2) issued as a refund for merchandise returned without a receipt; or (3) that has an initial value of $5 or less and to which additiona…

Sec. 604.152. CASH REFUND FOR LOW-VALUE CARD. If a stored value card is redeemed in person to make a purchase and a balance of less than $2.50 remains following the redemption, at the consumer's request the seller shall refund the balance of the card in cash to the consumer. Adde…

Sec. 604A.001. DEFINITIONS. In this chapter: (1) "Cardholder" means the person named on the face of a debit or stored value card to whom or for whose benefit the card is issued. (1-a) "Credit card" has the meaning assigned by Section 502.001. (2) "Debit card" has the meaning assi…

Sec. 604A.002. IMPOSITION OF SURCHARGE FOR USE OF DEBIT OR STORED VALUE CARD. (a) In a sale of goods or services, a merchant may not impose a surcharge on a buyer who uses a debit or stored value card instead of cash, a check, credit card, or a similar means of payment. (b) This …

Sec. 604A.0021. 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 …

Sec. 604A.003. CIVIL PENALTY. (a) A person who knowingly violates Section 604A.002 or 604A.0021 is liable to the state for a civil penalty in an amount not to exceed $500 for each violation. The attorney general or the prosecuting attorney in the county in which the violation occ…

Sec. 605.001. DEFINITIONS. In this chapter: (1) "Consumer" means a person who obtains a product or service that is to be used primarily for personal, business, family, or household purposes. (2) "Consumer rebate" means an offer to a consumer of cash, credit, or credit toward futu…

Sec. 605.002. REBATE RESPONSE PERIOD; GRACE PERIOD FOR CORRECTIONS. (a) Except as provided by Subsection (b), a person, including a manufacturer or retailer, who offers a rebate shall mail the amount of the rebate to the consumer or electronically pay the consumer the amount of t…

Sec. 605.003. USE OF INDEPENDENT ENTITY TO PROCESS REBATE. For the purposes of this chapter, if a person who offers a rebate uses an independent entity to process the rebate, an act of the entity is considered to be an act of the person and receipt of a rebate request by the enti…

Sec. 605.004. DECEPTIVE TRADE PRACTICE. (a) A violation of this chapter is a deceptive trade practice in addition to the practices described by Subchapter E, Chapter 17, and is actionable by a consumer under that subchapter. Claims related to more than one consumer may not be joi…

Sec. 605.005. CERTIFICATION AS CLASS ACTION PROHIBITED. A court may not certify an action brought under this chapter as a class action. Added by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 4.012(a), eff. September 1, 2009.

Sec. 606.001. DEFINITIONS. In this chapter: (1) "Active duty military service" means: (A) service as a member of the armed forces of the United States; (B) with respect to a member of the Texas National Guard or the National Guard of another state or a member of a reserve compone…

Sec. 606.002. SUSPENSION OR TERMINATION OF CERTAIN SERVICES FOR ACTIVE DUTY MILITARY SERVICE MEMBERS. (a) This section applies only to the following services: (1) cable service; (2) health spa services; (3) services providing connectivity to the Internet or another wide area netw…

Sec. 606.003. REINSTATEMENT OF CERTAIN SERVICES FOR ACTIVE DUTY MILITARY SERVICE MEMBERS. (a) A military service member who suspends or terminates a service under Section 606.002 and whose period of active duty military service has ended may reinstate the service by providing: (1…

Sec. 607.001. DEFINITIONS. In this chapter: (1) "Center" means the financial crimes intelligence center established under Chapter 2312, Occupations Code. (1-a) "Commission" means the Texas Commission of Licensing and Regulation. (1-b) "Credit card issuer" has the meaning assigned…

Sec. 607.002. ADMINISTRATION AND ENFORCEMENT OF CHAPTER. (a) The department shall administer and enforce this chapter. (b) The commission or the executive director may enforce this chapter, a rule adopted under this chapter, or an order of the commission or executive director as …

Sec. 607.003. FUNDING. The department may solicit and accept gifts, grants, and other donations for purposes of administering this chapter, except that the department may not solicit or accept a gift, grant, or other donation from a license holder as defined by Section 2310.151, …

Sec. 607.004. RULES. The commission shall adopt rules for administering this chapter. Added by Acts 2021, 87th Leg., R.S., Ch. 336 (H.B. 2106), Sec. 3, eff. September 1, 2021. SUBCHAPTER B. DUTIES RELATED TO USE OF CERTAIN UNATTENDED PAYMENT TERMINALS

Sec. 607.053. NOTICE OF DISCOVERY OF SKIMMER REQUIRED. (a) If a service technician discovers a skimmer in or on a motor fuel unattended payment terminal or motor fuel metering device, the service technician or service company that employs the technician shall notify the departmen…

Sec. 607.054. REPORT TO DEPARTMENT. (a) The department may accept a report of a suspected skimmer from any interested person, including: (1) a law enforcement agency; (2) a financial institution; (3) a credit card or debit card issuer; (4) a service technician or service company;…

Sec. 607.055. INVESTIGATION OF SKIMMER REPORT. (a) On receipt of a report under Section 607.053 or 607.054, the department may conduct an inspection for the presence of suspected skimmers. (b) The department shall coordinate with law enforcement agencies in conducting an investig…

Sec. 607.056. CONFIDENTIALITY. (a) Except as otherwise provided by this section, information is confidential and not subject to disclosure under Chapter 552, Government Code, if the information is: (1) from a report received by the department under Section 607.053 or 607.054; or …

Sec. 607.1021. CIVIL PENALTY. (a) A person who violates this chapter or a rule adopted under this chapter is liable to the state for a civil penalty. (b) The attorney general or the executive director may bring an action to collect a penalty under this section. (c) The provisions…

Sec. 607.103. OFFENSES; PENALTIES. (a) A person commits an offense if the person refuses to allow an inspection of a motor fuel metering device at the merchant's place of business in violation of Section 607.055. An offense under this subsection is a Class C misdemeanor. (b) A pe…

Sec. 607A.001. DEFINITIONS. In this chapter: (1) "Automated teller machine" has the meaning assigned by Section 31.03, Penal Code. (2) "Center" means the financial crimes intelligence center established under Chapter 2312, Occupations Code. (3) "Electronic terminal" means an elec…

Sec. 607A.002. ADMINISTRATION AND ENFORCEMENT OF CHAPTER. The Texas Commission of Licensing and Regulation shall administer and enforce this chapter. Added by Acts 2025, 89th Leg., R.S., Ch. 198 (S.B. 2371), Sec. 1, eff. May 27, 2025.

Sec. 607A.003. RULES. The Texas Commission of Licensing and Regulation shall adopt rules for administering this chapter. Added by Acts 2025, 89th Leg., R.S., Ch. 198 (S.B. 2371), Sec. 1, eff. May 27, 2025. SUBCHAPTER B. DUTIES FOR USE OF CERTAIN ELECTRONIC TERMINALS

Sec. 607A.051. REQUIRED NOTICE OF SKIMMER DISCOVERY. (a) If a service technician discovers a skimmer in or on an electronic terminal, the service technician or service company that employs the technician shall notify the center and the merchant of the skimmer in the manner prescr…

Sec. 607A.052. REPORT TO CENTER. The center may accept a report of a suspected skimmer from any interested person, including: (1) a law enforcement agency; (2) a financial institution; (3) a payment card issuer; (4) a service technician or service company; (5) a member of the pub…

Sec. 607A.053. INVESTIGATION OF SKIMMER REPORT. (a) On receipt of a report under Section 607A.051 or 607A.052, the center may conduct an inspection for the presence of suspected skimmers. (b) The center shall coordinate with law enforcement agencies in conducting an investigation…

Sec. 607A.054. CONFIDENTIALITY. (a) Except as otherwise provided by this section, information is confidential and not subject to disclosure under Chapter 552, Government Code, if the information is: (1) from a report received by the center under Section 607A.051 or 607A.052; or (…

Sec. 607A.101. CIVIL PENALTY. (a) A person who violates this chapter or a rule adopted under this chapter is liable to this state for a civil penalty. A civil penalty assessed under this subsection may not exceed $5,000 per day for each violation. (b) The attorney general may bri…

Sec. 607A.102. CRIMINAL OFFENSES. (a) A person commits an offense if the person refuses to allow an inspection of an electronic terminal at the merchant's place of business in violation of Section 607A.053. An offense under this subsection is a Class C misdemeanor. (b) A person c…

Sec. 608.001. DEFINITIONS. In this chapter: (1) "Air conditioning system" means a heating, ventilation, and air conditioning system that provides heating and cooling to a building. (2) "Residential real property" has the meaning assigned by Section 22.001. (3) "Warrantor" means a…

Sec. 608.002. TRANSFER OF MANUFACTURER'S WARRANTY. (a) If residential real property that includes an air conditioning system as a fixture to the property is conveyed to a new owner, a manufacturer's warranty in effect on that system or a component of that system on the date of th…

Sec. 609.001. SEPARATION BY COURT ORDER. (a) On receipt of a court order issued under Section 85.0225, Family Code, a wireless telephone service provider shall transfer to the petitioner named in the order the use of each wireless telephone number listed in the order. (b) A wirel…

Sec. 610.001. DEFINITIONS. In this chapter: (1) "Electronic payment transaction" means a transaction in which a person uses a payment card or other payment code or device issued or approved through a payment card network to debit a deposit account or use a line of credit, whether…

Sec. 610.002. UNAUTHORIZED CATEGORIZATION OF CERTAIN TRANSACTIONS. (a) A person or entity involved in facilitating or processing an electronic payment transaction, including a payment card issuer or payment card network, may not assign to a merchant or require a merchant to use a…

Sec. 610.003. INVESTIGATIVE AUTHORITY OF ATTORNEY GENERAL. (a) If the attorney general has reasonable cause to believe that a person or entity has engaged in, is engaging in, or is about to engage in a violation of this chapter, the attorney general shall issue a civil investigat…

Sec. 610.004. NOTICE OF VIOLATION OF CHAPTER; OPPORTUNITY TO CURE. (a) Not later than the 30th day before bringing an action under Section 610.005, the attorney general must give written notice to the person or entity identifying the specific provisions of this chapter that are o…

Sec. 610.005. ENFORCEMENT; CIVIL PENALTY; INJUNCTION. (a) Except as provided by Section 610.006, the attorney general has exclusive authority to enforce this chapter. (b) A person or entity who violates this chapter and fails to cure the violation in accordance with Section 610.0…

Sec. 610.006. PRIVATE RIGHT OF ACTION. (a) A person who has used a payment card to purchase a firearm, ammunition for use in a firearm, or a firearm accessory may bring an action against a payment card issuer or payment card network to obtain: (1) a declaratory judgment under Cha…

Sec. 621.001. SHORT TITLE. This chapter may be cited as the Contest and Gift Giveaway Act. Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.

Sec. 621.002. CONSTRUCTION OF CHAPTER. This chapter shall be interpreted to provide the maximum disclosure to, and fair treatment of, a person who enters a contest or gift giveaway through which the person is solicited to attend a sales presentation. Added by Acts 2007, 80th Leg.…

Sec. 621.003. DEFINITIONS. (a) In this chapter: (1) "Contest" means a promotional device in which: (A) a person is offered, as an inducement to attend a sales presentation, a chance to win or receive a prize by complying with specified entry requirements; (B) the winner or recipi…