Darby’s bill ending swipe fees on sales tax and tips

The text as introduced · 977 words

By: Darby
H.B. No. 4124

A BILL TO BE ENTITLED

AN ACT

relating to the charging of swipe fees on certain electronic

payment transactions; authorizing a civil penalty.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Title 12, Business & Commerce Code, is amended by

adding Chapter 610 to read as follows:

CHAPTER 610. CHARGING OF SWIPE FEES

Sec. 610.001. DEFINITIONS. In this chapter:

(1) "Assessment fee" means a fee paid to the payment

card network for allowing a merchant to use a payment card or other

payment code or device in an electronic payment transaction.

(2) "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

authorization is based on a signature, personal identification

number, or other means.

(3) "Gratuity" means a voluntary monetary

contribution to an employee from a guest, patron, or customer in

connection with services rendered.

(4) "Interchange fee" means a fee charged to a

merchant for the purpose of compensating the payment card issuer

for the issuer's involvement in an electronic payment transaction.

(5) "Payment card" means a credit card, debit card,

check card, or other card that is issued to an authorized user to

purchase or obtain goods, services, money, or any other thing of

value.

(6) "Payment card issuer" means a lender, including a

financial institution, or a merchant that receives applications and

issues payment cards to individuals.

(7) "Payment card network" means an entity that

directly, or through a licensed member, processor, or agent,

provides the proprietary services, infrastructure, and software

that route information and data to conduct debit card or credit card

transaction authorization, clearance, and settlement, and that an

entity uses in order to accept as a form of payment a brand of debit

card, credit card, or other device that may be used to carry out

debit or credit transactions.

(8) "State or local tax" includes a tax imposed by this

state or a unit of local government of this state, including the

sales, excise, and use tax, motor fuels tax, hotel occupancy tax,

mixed beverage sales tax, and tax imposed on the rental of a motor

vehicle, other than a tax returned to a taxpayer in the form of a

deduction or discount under Section 151.423 or 151.424, Tax Code.

(9) "Swipe fee" means the interchange fee and, if

applicable, the assessment fee.

Sec. 610.002. EXCLUSION OF STATE OR LOCAL TAXES AND

GRATUITY FROM SWIPE FEES; MERCHANT DEDUCTION OR REBATE. (a) The

amount of state or local tax that is calculated as a percentage of

the amount of an electronic payment transaction made in this state

and gratuity that is listed separately on a payment invoice or other

demand for payment must be excluded from the total amount on which a

swipe fee is charged for that transaction.

(b) A payment card network shall with respect to each form

or type of electronic payment transaction:

(1) deduct the amount of state or local tax imposed and

gratuity from the calculation of swipe fees attributable to the

transaction at the time of settlement; or

(2) rebate the merchant an amount equal to the amount

of swipe fees attributable to the state or local tax imposed and

gratuity on the transaction.

(c) A deduction or rebate under this section must occur at

the time of settlement when the merchant is able to capture and

transmit state or local tax or fee amounts and gratuity relevant to

the sale at the time of sale as part of the transaction

finalization. If a merchant is unable to capture and transmit tax

or fee and gratuity amounts relevant to the sale at the time of

sale, then the payment card network must accept proof of tax or fee

amounts and gratuity collected on sales subject to a swipe fee on

the submission of sales data by the merchant and provide the rebate

no later than 180 days after the date of the electronic payment

transaction, and, within 30 days after the merchant submits the

sales data.

(d) This section does not create liability for a payment

card network regarding the accuracy of the tax or gratuity data

reported by the merchant.

(e) It shall be unlawful for a payment card issuer or a

payment card network to alter or manipulate the computation and

imposition of swipe fees by increasing the rate or amount of the

fees applicable to or imposed upon the portion of an electronic

payment transaction not attributable to taxes or gratuities to

circumvent the effect of this section.

Sec. 610.003. CIVIL PENALTY; RESTITUTION. (a) A person who

violates this chapter is liable to this state for a civil penalty in

an amount not to exceed $1,000 for each violation.

(b) The attorney general may bring an action to:

(1) recover the civil penalty imposed under this

section; or

(2) obtain a temporary or permanent injunction to

restrain the violation.

(c) An action under this section may be brought in a

district court in:

(1) Travis County; or

(2) a county in which any part of the violation occurs.

(d) The attorney general shall deposit a civil penalty

collected under this section in the state treasury to the credit of

the general revenue fund.

(e) A person who violates this chapter shall refund a

merchant any swipe fees charged in violation of this chapter.

SECTION 2. If any of the provisions of this Act are held

invalid, the remainder shall not be affected as a result; nor shall

the application of the provision held invalid to persons or

circumstances other than those as to which it is held invalid be

affected as a result.

SECTION 3. This Act takes effect September 1, 2025.