ESCHEAT AND GIFT CARD LAWS: TEXAS

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TEXAS

Definition of Gift Card/Gift Certificate:

Tex. Business & Commerce Code §604.001

“Stored value card”: (1) means a record, as defined by §322.002, including a record that contains a microprocessor chip, magnetic strip, or other means of storing information: (A) that evidences a promise made for monetary consideration by the seller or issuer of the record that goods or services will be provided to the owner of the record in the value shown in the record; (B) that is prefunded; and (C) the value of which is reduced on redemption; and (2) includes a gift card or gift certificate.

Expiration Date Provision:

Tex. Business & Commerce Code Ann. §604.101

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.

 

Tex. Business & Commerce Code Ann. §604.102

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.

Fee Provision:

Tex. Business & Commerce Code Ann. §604.051

If disclosed as required by Subchapter C, the issuer of a stored value card may impose and collect a reasonable: (1) handling fee in connection with the issuance of or adding of value to the card; (2) access fee for a card transaction conducted at an unmanned teller machine, as defined by §59.301, Finance Code; and (3) reissue or replacement charge if an expired or lost card is reissued or replaced.

 

Tex. Business & Commerce Code Ann. §604.052

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: (1) is reasonable; (2) is not assessed until after the first anniversary of the date the card is sold or issued; and (3) is disclosed as required by Subchapter C.

Escheat Provision:

Tex. Property Code Ann. §72.1016

(a) This section applies to a stored value card, as defined by §604.001, Business & Commerce Code, other than a card: (1) to which Chapter 604, Business & Commerce Code, does not apply by operation of §604.002(1)(A) and (C) and §604.002(2)-(5) of that code; or (2) that is linked to and draws its value solely from a deposit account subject to Chapter 73.

(b) If the existence and location of the owner of a stored value card is unknown to the holder of the property, the stored value card is presumed abandoned to the extent of its unredeemed and uncharged value on the earlier of: (1) the card’s expiration date; (2) the third anniversary of the date the card was issued, if the card is not used after it is issued, or the date the card was last used or value was last added to the card; or (3) the first anniversary of the date the card was issued, if the card is not used after it is issued, or the date the card was last used or value was last added to the card, if the card’s value represents wages, as defined by §61.001, Labor Code.

(c) If the person who sells or issues a stored value card in this state does not obtain the name and address of the apparent owner of the card and maintain a record of the owner’s name and address and the identification number of the card, the address of the apparent owner is considered to be the Austin, Texas, address of the comptroller.

(d) A person may charge a fee against a stored value card as provided by Chapter 604, Business & Commerce Code. A fee may not be charged against a stored value card after the card is presumed abandoned under this section.

SOURCE: National Conference of State Legislatures


PLEASE NOTE:  Please note the summaries should be used for general informational purposes and not as a legal reference. DropZone Marketing is unable to answer questions or provide guidance to business owners regarding gift cards and gift certificate laws and practices. If you have questions regarding issuing or redeeming a gift card or gift certificate or a retailer’s practices, please contact the Office of the Attorney General in your state.

About James La Barrie

James La Barrie is passionate about marketing and changing a company's service culture. Originally from the Caribbean island of Antigua, James melds his approach of marketing and delivering elite service together as one. James has injected his 'service marketing' approach throughout his career to transform companies from good to great.

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