Bill Text: TX HB3710 | 2023-2024 | 88th Legislature | Introduced


Bill Title: Relating to the advertisement of prices by persons selling motor fuel.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2023-03-20 - Referred to Business & Industry [HB3710 Detail]

Download: Texas-2023-HB3710-Introduced.html
 
 
  By: Bryant H.B. No. 3710
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the advertisement of prices by persons selling motor
  fuel.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  This Act may be cited as the Transparency at the
  Pump Act of 2023.
         SECTION 2.  Title 12, Business & Commerce Code, is amended by
  adding Chapter 610 to read as follows:
  CHAPTER 610. TRANSPARENCY IN MOTOR FUEL PRICING
         Sec. 610.001.  DEFINITIONS. In this chapter:
               (1)  "Merchant" means a person whose business includes
  the sale of motor fuel through motor fuel dispensers to retail
  customers.
               (2)  "Motor fuel" has the meaning assigned by Section
  162.001, Tax Code.
               (3)  "Credit card" means an identification card, plate,
  coupon, book, or number or any other device authorizing a
  designated person or bearer to obtain property or service on
  credit.
               (4)  "Debit card" means an identification card, plate,
  coupon, book, or number or any other device authorizing a
  designated person or bearer to communicate a request to an unmanned
  teller machine or a customer convenience terminal or to obtain
  property or services by debit to an account at a financial
  institution.
         Sec. 610.002.  MOTOR FUEL PRICE DISPLAY REQUIREMENTS. (a) A
  merchant shall display the price of the motor fuel mixtures sold by
  the merchant with a prominent sign:
               (1)  on the motor fuel pump; and
               (2)  by the roadside adjacent to the merchant's
  premises.
         (b)  A merchant shall visibly differentiate the price of the
  motor fuel mixtures sold by the merchant to a retail customer paying
  with:
               (1)  cash, a debit card, or a gift card; or
               (2)  a credit card.
         (c)  A merchant shall visibly display on the motor fuel pump
  any difference between the price of the motor fuel mixture sold by
  the merchant to a retail customer paying with cash and the price a
  retail customer paying with a debit card, gift card, or credit card
  would pay.
         (d)  A merchant that sells more than one grade of a certain
  motor fuel may display the price of only the lowest grade of each
  motor fuel sold.
         Sec. 610.003.  VIOLATION OF CHAPTER; DECEPTIVE TRADE
  PRACTICE. A violation of this chapter is a deceptive trade practice
  under Subchapter B, Chapter 17, and is actionable under that
  subchapter.
         SECTION 3.  The change in law made by this Act applies only
  to an advertisement or sale of motor fuel that takes place on or
  after April 1, 2024. An advertisement or sale of motor fuel that
  takes place before April 1, 2024, is governed by the law in effect
  on the date the advertisement or sale of motor fuel took place, and
  the former law is continued in effect for that purpose.
         SECTION 4.  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, 2023.
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