Relating to requiring the acceptance of cash payments by retailers in certain transactions.
Summary
HB 4610 would create a new chapter in the Texas Business & Commerce Code requiring certain retailers that accept in-person payments at a physical location to accept cash for transactions of $100 or less. It also prohibits retailers from charging a higher price simply because a customer pays in cash. The bill applies broadly to retail sales and leases of goods or services, including in-person payment points tied to telephone, mail, or Internet-based transactions when the payment is made at a physical location in Texas.
The bill includes several exceptions. A retailer may refuse cash during a temporary payment-system failure, when it temporarily lacks enough cash to make change, or if it provides a cash-to-prepaid-card device meeting specified conditions such as no fee, no meaningful minimum deposit, no personal information collection, and no fee to use the card. Retailers are not required to accept bills larger than $100, and if they cannot make change, they must tell the customer when cash will be available again, no later than 48 hours later. The bill would take effect immediately if approved by a two-thirds vote in each chamber, or otherwise on September 1, 2025.
Impact
HB 4610 would add a new statutory requirement in the Business & Commerce Code governing retail payment practices in Texas. It would limit the ability of retailers to operate cashless for low-dollar in-person transactions, while also restricting cash surcharges and setting conditions for lawful refusal of cash. The bill would affect retailers, consumers who rely on cash, and businesses using cashless or hybrid payment systems, especially those with physical storefronts.
Sentiment
Based on the bill text and its referral history, the measure appears to be framed as a consumer-access and payment-choice bill rather than a controversial regulatory overhaul. No committee transcript or vote record is available in the provided materials, so there is no documented debate or recorded opposition in the context supplied. The bill’s structure suggests an effort to balance consumer access to cash with operational flexibility for retailers.
Contention
The main points of potential contention are the mandate that retailers accept cash for transactions of $100 or less and the prohibition on charging more for cash payments, which could be viewed by retailers as an operational burden. Another likely issue is the exception framework: businesses may argue that the cash-on-hand and change-making requirements are difficult to manage, while consumer advocates may view the exceptions as necessary to preserve practical cash acceptance. The prepaid-card workaround may also be debated because it is allowed only if it is fee-free and privacy-protective, which could be difficult for some retailers to implement.