The Law:

Chapter 339.001 of the Texas Finance Code

Sec 339.001 IMPOSITION OF SURCHARGE FOR USE OF CREDIT CARD.

(a) In a sale of goods and services, a seller may not impose a surcharge on a buyer who uses a credit card for an extension of credit instead of cash, a check, or a similar means of payment.

(b) This section does not apply to a state agency, county, local government entity, or other governmental entity that accepts a credit card for the payment of fees, taxes, or other charges.

(c) The Finance Commission of Texas shall have exclusive jurisdiction to enforce and adopt rules relating to this section. Rules adopted pursuant to this section shall be consistent with federal laws and regulations governing credit card transactions described by this section. This section does not create a cause of action against an individual for violation of this section.

What to do if you notice a businesses charging a fee:

       1. Notify them of the law

       2. Keep your receipt

       3. Take a picture of any signs posted about the credit card fee.

       4. Call the Office of Consumer Credit Commissioner at 800-538-1579

       5. For debit cards call the Texas Department of Banking at 877-276-5554