H.B. No. 876         AN ACT   relating to fees charged by certain persons for the method used for   payments made under an agreement.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subtitle C, Title 5, Business & Commerce Code, is   amended by adding Chapter 116 to read as follows:   CHAPTER 116. FEES FOR CERTAIN PAYMENT METHODS          Sec. 116.0001.  DEFINITIONS. In this chapter:                (1)  "Payee" means an individual who resides in this   state or a corporation, trust, partnership, association, or other   private legal entity authorized to do business in this state that   receives money as payment under an agreement.                (2)  "Person" means an individual, corporation, trust,   partnership, association, or other private legal entity.          Sec. 116.0002.  FEE FOR CERTAIN PAYMENTS BY PAPER CHECK   PROHIBITED. (a) A person that makes a payment to a payee may not   charge an additional fee to the payee because the payee elects to   receive the payment by paper check instead of by an automated   clearinghouse transaction or other electronic funds transfer.          (b)  A provision in a contract permitting a person to charge   or collect a fee from a payee in violation of Subsection (a) is void   and unenforceable.          SECTION 2.  To the extent of a conflict between Section   116.0002(a), Business & Commerce Code, as added by this Act, and a   provision of a contract entered into before the effective date of   this Act, the provision of the contract prevails.          SECTION 3.  This Act takes effect September 1, 2021.       ______________________________ ______________________________      President of the Senate Speaker of the House                   I certify that H.B. No. 876 was passed by the House on April   9, 2021, by the following vote:  Yeas 139, Nays 5, 2 present, not   voting.     ______________________________   Chief Clerk of the House                 I certify that H.B. No. 876 was passed by the Senate on May   19, 2021, by the following vote:  Yeas 30, Nays 1.     ______________________________   Secretary of the Senate       APPROVED:  _____________________                      Date                           _____________________                    Governor