87R12074 MLH-D     By: Guillen H.B. No. 3941       A BILL TO BE ENTITLED   AN ACT   relating to surcharges imposed for the use of a credit card.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 604A.003, Business & Commerce Code, is   amended to read as follows:          Sec. 604A.003.  CIVIL PENALTY. (a)  A person who knowingly   violates Section 604A.002 [or 604A.0021] is liable to the state for   a civil penalty in an amount not to exceed $500 for each violation.   The attorney general or the prosecuting attorney in the county in   which the violation occurs may bring:                (1)  a suit to recover the civil penalty imposed under   this section; and                (2)  an action in the name of the state to restrain or   enjoin a person from violating this chapter.          (b)  Before bringing the action, the attorney general or   prosecuting attorney shall give the person notice of the person's   noncompliance and liability for a civil penalty. The notice must:                (1)  contain guidance to assist the person in complying   with this chapter;                (2)  advise the person of the prohibitions under   Section [Sections] 604A.002 [and 604A.0021]; and                (3)  state that the person may be liable for a civil   penalty for a subsequent violation of Section 604A.002 [or   604A.0021].          (b-1)  If the person complies with Section [Sections]   604A.002 [and 604A.0021] not later than the 30th day after the date   of the notice under Subsection (b), the violation is cured and the   person is not liable for the civil penalty. A person who has   previously received notice of noncompliance under Subsection (b) is   not entitled to notice of or the opportunity to cure a subsequent   violation of Section 604A.002 [or 604A.0021].          (c)  The attorney general or the prosecuting attorney, as   appropriate, is entitled to recover reasonable expenses incurred in   obtaining injunctive relief, civil penalties, or both, under this   section, including reasonable attorney's fees, court costs, and   investigatory costs.          SECTION 2.  Section 604A.0021, Business & Commerce Code, is   repealed.          SECTION 3.  This Act takes effect September 1, 2021.