HB4610 - Relating to requiring the acceptance of cash payments by retailers in certain transactions.

      By: Harris Davila H.B. No. 4610       A BILL TO BE ENTITLED   AN ACT   relating to requiring the acceptance of cash payments by retailers   in certain transactions.          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 121 to read as follows:   CHAPTER 121. ACCEPTANCE OF CASH PAYMENTS BY RETAILERS           Sec. 121.001.  DEFINITIONS. In this chapter:                 (1)     "Cash" means United States coins and currency,   including federal reserve notes.                 (2)     "Retailer" means a person that engages in the   business of selling or leasing, or offering for sale or lease, goods   or services at retail to the public.           Sec.   121.002.     RETAILERS PROHIBITED FROM REFUSING TO ACCEPT   OR CHARGING HIGHER PRICE FOR CASH PAYMENTS; EXCEPTIONS. (a) Except   as provided by Subsection (b) or (c), a retailer that accepts   in-person payments at a physical location in this state, including   a retailer accepting in-person payments at a physical location for   telephone, mail, or Internet-based transactions:                 (1)     shall accept cash as a form of payment when   tendered by a customer in a transaction for the sale or lease of a   good or service if the amount of the transaction is $100 or less;   and                 (2)     may not charge a customer a higher price for paying   in cash for a good or service.           (b)     A retailer may refuse to accept cash as a form of payment   if:                 (1)     there is a temporary sale system failure that   prevents the retailer from processing cash payments;                 (2)     subject to Subsection (d), the retailer   temporarily has insufficient cash on hand to make change for cash   transactions; or                 (3)     the retailer provides customers with a device on   the premises that converts cash into prepaid cards, provided:                       (A)  there is no fee to use the device;                       (B)     the device does not require a minimum deposit   of more than $1;                       (C)     except as provided by Subsection (e), any   funds placed on a prepaid card from the device do not expire;                       (D)     the device does not collect any personal   identifying information from the customer; and                       (E)     there is no fee to use the prepaid card as   payment.           (c)     A retailer is not required to accept cash payment in   bill denominations of more than $100.           (d)     If a retailer refuses to accept cash as a form of payment   under Subsection (b)(2), the retailer shall inform the customer on   refusal of the time and date the retailer expects to have sufficient   cash on hand to make change for the transaction, which may not be   later than 48 hours after the refusal. This subsection does not   require a retailer to hold a good or service until the customer   returns to make the transaction.          SECTION 2.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution. If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2025.