Texas Laws - Business and Commerce Code
BUSINESS AND COMMERCE CODE
TITLE 12. RIGHTS AND DUTIES OF CONSUMERS AND MERCHANTS

(C) an air carrier holding a certificate of public convenience and necessity under Title 49, United States Code; (12312)

(2) is issued as a prepaid calling card by a prepaid calling card company regulated under Section 55.253, Utilities Code; (12313)

(3) is distributed by the issuer to a person under an awards, rewards, loyalty, incentive, rebate, or promotional program and is not issued or reloaded in exchange for money tendered by the cardholder; (12314)

(4) is sold below face value or donated to: (12315)

(A) an employee of the seller or issuer; (12316)

(B) a nonprofit or charitable organization; or (12317)

(C) an educational institution for fund-raising purposes; or (12318)

(5) does not expire and for which the seller does not charge a fee other than a fee described in Section 604.051. (12319)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (12320)

Sec. 604.003. CAUSE OF ACTION NOT CREATED. (12321)(1-click HTML)

This chapter does not create a cause of action against a person who issues or sells a stored value card. (12322)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (12323)

SUBCHAPTER B. PERMISSIBLE FEES (12324)(1-click HTML)
Sec. 604.051. FEES AND CHARGES RELATED TO ISSUANCE AND HANDLING OF CARD. (12325)(1-click HTML)

If disclosed as required by Subchapter C, the issuer of a stored value card may impose and collect a reasonable: (12326)

(1) handling fee in connection with the issuance of or adding of value to the card; (12327)

(2) access fee for a card transaction conducted at an unmanned teller machine, as defined by Section 59.301, Finance Code; and (12328)

(3) reissue or replacement charge if an expired or lost card is reissued or replaced. (12329)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (12330)

Sec. 604.052. FEES OR CHARGES THAT DECREASE UNREDEEMED BALANCE OF CARD. (12331)(1-click HTML)

The issuer of a stored value card may impose or collect a periodic fee or other charge that causes the unredeemed balance of the card to decrease over time only if the fee: (12332)

(1) is reasonable; (12333)

(2) is not assessed until after the first anniversary of the date the card is sold or issued; and (12334)

(3) is disclosed as required by Subchapter C. (12335)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (12336)

SUBCHAPTER C. REQUIRED DISCLOSURES (12337)(1-click HTML)
Sec. 604.101. REQUIRED DISCLOSURE OF CERTAIN MATTERS APPLICABLE TO CARD. (12338)(1-click HTML)

An expiration date or policy, fee, or other material restriction or contract term applicable to a stored value card must be clearly and conspicuously disclosed at the time the card is sold or issued to a person to enable the person to make an informed decision before purchasing the card. (12339)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (12340)

Sec. 604.102. REQUIRED PRINTING OF CERTAIN DISCLOSURES. (12341)(1-click HTML)

In addition to the disclosure required under Section 604.101, a disclosure regarding the expiration of a stored value card or a periodic fee that reduces the unredeemed value of a stored value card must be legibly printed on the card. (12342)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (12343)

Sec. 604.103. VALIDITY OF CARD SOLD WITHOUT REQUIRED DISCLOSURES. (12344)(1-click HTML)

A stored value card sold without the disclosure required by this subchapter of an expiration date or policy, fee, or other material restriction or contract term applicable to the card is valid until redeemed or replaced. (12345)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (12346)

SUBCHAPTER D. REDEMPTION OF CERTAIN LOW-VALUE CARDS (12347)(1-click HTML)
Sec. 604.151. APPLICABILITY OF SUBCHAPTER. (12348)(1-click HTML)

(a) This subchapter does not apply to a stored value card: (12349)

(1) described by Sections 604.002(1)-(3); (12350)

(2) issued as a refund for merchandise returned without a receipt; or (12351)

(3) that has an initial value of $5 or less and to which additional value cannot be added. (12352)

  

Our Mission
Objective

Our mission is to provide citizens free access to the laws and codes of their state utilizing a unique search engine that matches clients with qualified legal professionals who can help with specific issues.

Our goal is to do this in a manner that promotes open government and freedom of information, while providing attorneys with valuable tools to connect with qualified prospects in need of professional services.

Ignorance Is No Excuse
Your Right To Know The Law

All citizens have a right to have access to the laws that govern them. Citizen awareness and participation in government is fundamental to ensuring a sound democracy.

Although unfettered access to the law is a fundamental right to all citizens, there is no substitute for experienced legal counsel.

We do not recommend self-representation. We do, however, recognize that in an age where people routinely research legal matters online using everything from a smartphone to their xbox, both attorneys and clients alike can benefit from this resource.