Texas · Through 89th 2nd Called Legislative Session, 2025

Tex. Business & Commerce Code § 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 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.
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.
Transferred, redesignated and amended from Finance Code, Section 339.001 by Acts 2017, 85th Leg., R.S., Ch. 196 (S.B. 560), Sec. 9, eff. September 1, 2017.

Where this section sits in the code

BUSINESS AND COMMERCE CODE
TITLE 12. RIGHTS AND DUTIES OF CONSUMERS AND MERCHANTS
CHAPTER 604A. PROHIBITION OF CERTAIN SURCHARGES

(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.

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.

Transferred, redesignated and amended from Finance Code, Section 339.001 by Acts 2017, 85th Leg., R.S., Ch. 196 (S.B. 560), Sec. 9, eff. September 1, 2017.

Collected 2026-08-27T01:46:56Z. Source file · JSON

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