By: Campbell S.B. No. 2026               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.