State Codes and Statutes
Statutes > Texas > Business-and-commerce-code > Title-16-advertising-and-marketing > Chapter-761-credit-card-marketing-at-postsecondary-educational-institutions
BUSINESS AND COMMERCE CODE
TITLE 16. ADVERTISING AND MARKETING
SUBTITLE B. MARKETING PRACTICES
CHAPTER 761. CREDIT CARD MARKETING AT POSTSECONDARY EDUCATIONAL
INSTITUTIONS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 761.001. DEFINITIONS. In this chapter:
(1) "Campus credit card marketing activity":
(A) means any activity:
(i) conducted by an agent or employee of a credit card issuer on
the campus of a postsecondary educational institution; and
(ii) designed to encourage and enable students to apply for a
credit card; and
(B) includes the act of placing on the campus a display or
poster together with a form that can be returned to the credit
card issuer as a credit card application, even if an employee or
agent of the credit card issuer is not present at the display.
(2) "Credit card" means a card or device issued under an
agreement by which the issuer gives to a cardholder the right to
obtain credit from the issuer or another person.
(3) "Credit card issuer" means a lender, including a financial
institution, or a merchant that receives applications and issues
credit cards to individuals.
(4) "Governing board" means the body charged with policy
direction of any postsecondary educational institution, including
a board of directors, a board of regents, a board of trustees,
and an independent school district board that is charged with
policy direction of a public junior college.
(5) "Postsecondary educational institution" means:
(A) an institution of higher education as defined by Section
61.003, Education Code;
(B) a private or independent institution of higher education as
defined by Section 61.003, Education Code; or
(C) a private postsecondary educational institution as defined
by Section 61.302, Education Code.
Added by Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 4.014(a), eff. September 1, 2009.
SUBCHAPTER B. PROHIBITED CONDUCT
Sec. 761.051. CAMPUS CREDIT CARD MARKETING ACTIVITY OUTSIDE
DESIGNATED LOCATION OR TIME PROHIBITED. (a) A credit card
issuer may not engage in campus credit card marketing activities:
(1) outside of a campus location designated by the governing
board of the postsecondary educational institution for that
purpose in accordance with Subsection (b); or
(2) at a time other than a time designated by the governing
board in accordance with Subsection (b).
(b) The governing board of a postsecondary educational
institution may designate:
(1) one or more locations on campus where a credit card issuer
may engage in campus credit card marketing activities; and
(2) one or more times during which a credit card issuer may
engage in campus credit card marketing activities.
Added by Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 4.014(a), eff. September 1, 2009.
Sec. 761.052. RESTRICTION ON GIFTS OR INCENTIVES FOR COMPLETING
CREDIT CARD APPLICATION. A credit card issuer may not offer a
gift or other incentive in exchange for the completion of a
credit card application as part of a campus credit card marketing
activity unless the credit card issuer, at the time the credit
card issuer provides a credit card application to an individual,
provides financial educational material developed under Section
761.101 to the individual.
Added by Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 4.014(a), eff. September 1, 2009.
SUBCHAPTER C. EDUCATIONAL MATERIAL AND SESSIONS
Sec. 761.101. CREDIT CARD ISSUER TO DEVELOP FINANCIAL
EDUCATIONAL MATERIAL. A credit card issuer who conducts campus
credit card marketing activities shall develop financial
educational material in consultation with or subject to approval
by the postsecondary educational institution. The financial
educational material must include a clear and practical
explanation of:
(1) effective money management skills, including how to develop
and maintain a budget;
(2) key financial terms and phrases related to credit cards and
personal debt management;
(3) credit educational materials and programs offered by the
credit card issuer that are available to student cardholders
after they have opened an account;
(4) resources to assist students in understanding credit reports
and credit scores and the consequences of irresponsible credit
card use; and
(5) the importance of responsible credit practices, including
timely paying the minimum amount due each month and reducing
costs by paying as much of the balance as possible.
Added by Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 4.014(a), eff. September 1, 2009.
Sec. 761.102. CREDIT CARD ISSUER TO PROVIDE FINANCIAL
EDUCATIONAL MATERIAL. A credit card issuer that conducts campus
credit card marketing activities shall:
(1) during the time that the credit card issuer conducts the
credit card marketing activity on the campus, make available to
students, on the campus, financial educational material developed
under Section 761.101;
(2) make financial educational material similar to material
developed under Section 761.101 available on the Internet; and
(3) provide to a student to whom a credit card is issued, at the
time the credit card is provided to the student, financial
educational material developed under Section 761.101.
Added by Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 4.014(a), eff. September 1, 2009.
Sec. 761.103. CREDIT CARD AND DEBT EDUCATION AT NEW STUDENT
ORIENTATION. The governing board of a postsecondary educational
institution that has designated a location for campus credit card
marketing activities under Section 761.051(b) shall also adopt a
policy requiring a credit card and debt education and counseling
session to be included in any orientation program for new
students. The postsecondary educational institution may use
existing educational materials prepared by nonprofit entities for
purposes of the credit card and debt education and counseling
session.
Added by Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 4.014(a), eff. September 1, 2009.
SUBCHAPTER D. ENFORCEMENT PROVISIONS
Sec. 761.151. CIVIL PENALTY. A person who intentionally
violates this chapter is liable to the state for a civil penalty
in an amount not to exceed $2,500 for each violation. The
attorney general or the prosecuting attorney in the county in
which the violation occurs may bring suit to recover the civil
penalty imposed under this section.
Added by Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 4.014(a), eff. September 1, 2009.
State Codes and Statutes
Statutes > Texas > Business-and-commerce-code > Title-16-advertising-and-marketing > Chapter-761-credit-card-marketing-at-postsecondary-educational-institutions
BUSINESS AND COMMERCE CODE
TITLE 16. ADVERTISING AND MARKETING
SUBTITLE B. MARKETING PRACTICES
CHAPTER 761. CREDIT CARD MARKETING AT POSTSECONDARY EDUCATIONAL
INSTITUTIONS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 761.001. DEFINITIONS. In this chapter:
(1) "Campus credit card marketing activity":
(A) means any activity:
(i) conducted by an agent or employee of a credit card issuer on
the campus of a postsecondary educational institution; and
(ii) designed to encourage and enable students to apply for a
credit card; and
(B) includes the act of placing on the campus a display or
poster together with a form that can be returned to the credit
card issuer as a credit card application, even if an employee or
agent of the credit card issuer is not present at the display.
(2) "Credit card" means a card or device issued under an
agreement by which the issuer gives to a cardholder the right to
obtain credit from the issuer or another person.
(3) "Credit card issuer" means a lender, including a financial
institution, or a merchant that receives applications and issues
credit cards to individuals.
(4) "Governing board" means the body charged with policy
direction of any postsecondary educational institution, including
a board of directors, a board of regents, a board of trustees,
and an independent school district board that is charged with
policy direction of a public junior college.
(5) "Postsecondary educational institution" means:
(A) an institution of higher education as defined by Section
61.003, Education Code;
(B) a private or independent institution of higher education as
defined by Section 61.003, Education Code; or
(C) a private postsecondary educational institution as defined
by Section 61.302, Education Code.
Added by Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 4.014(a), eff. September 1, 2009.
SUBCHAPTER B. PROHIBITED CONDUCT
Sec. 761.051. CAMPUS CREDIT CARD MARKETING ACTIVITY OUTSIDE
DESIGNATED LOCATION OR TIME PROHIBITED. (a) A credit card
issuer may not engage in campus credit card marketing activities:
(1) outside of a campus location designated by the governing
board of the postsecondary educational institution for that
purpose in accordance with Subsection (b); or
(2) at a time other than a time designated by the governing
board in accordance with Subsection (b).
(b) The governing board of a postsecondary educational
institution may designate:
(1) one or more locations on campus where a credit card issuer
may engage in campus credit card marketing activities; and
(2) one or more times during which a credit card issuer may
engage in campus credit card marketing activities.
Added by Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 4.014(a), eff. September 1, 2009.
Sec. 761.052. RESTRICTION ON GIFTS OR INCENTIVES FOR COMPLETING
CREDIT CARD APPLICATION. A credit card issuer may not offer a
gift or other incentive in exchange for the completion of a
credit card application as part of a campus credit card marketing
activity unless the credit card issuer, at the time the credit
card issuer provides a credit card application to an individual,
provides financial educational material developed under Section
761.101 to the individual.
Added by Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 4.014(a), eff. September 1, 2009.
SUBCHAPTER C. EDUCATIONAL MATERIAL AND SESSIONS
Sec. 761.101. CREDIT CARD ISSUER TO DEVELOP FINANCIAL
EDUCATIONAL MATERIAL. A credit card issuer who conducts campus
credit card marketing activities shall develop financial
educational material in consultation with or subject to approval
by the postsecondary educational institution. The financial
educational material must include a clear and practical
explanation of:
(1) effective money management skills, including how to develop
and maintain a budget;
(2) key financial terms and phrases related to credit cards and
personal debt management;
(3) credit educational materials and programs offered by the
credit card issuer that are available to student cardholders
after they have opened an account;
(4) resources to assist students in understanding credit reports
and credit scores and the consequences of irresponsible credit
card use; and
(5) the importance of responsible credit practices, including
timely paying the minimum amount due each month and reducing
costs by paying as much of the balance as possible.
Added by Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 4.014(a), eff. September 1, 2009.
Sec. 761.102. CREDIT CARD ISSUER TO PROVIDE FINANCIAL
EDUCATIONAL MATERIAL. A credit card issuer that conducts campus
credit card marketing activities shall:
(1) during the time that the credit card issuer conducts the
credit card marketing activity on the campus, make available to
students, on the campus, financial educational material developed
under Section 761.101;
(2) make financial educational material similar to material
developed under Section 761.101 available on the Internet; and
(3) provide to a student to whom a credit card is issued, at the
time the credit card is provided to the student, financial
educational material developed under Section 761.101.
Added by Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 4.014(a), eff. September 1, 2009.
Sec. 761.103. CREDIT CARD AND DEBT EDUCATION AT NEW STUDENT
ORIENTATION. The governing board of a postsecondary educational
institution that has designated a location for campus credit card
marketing activities under Section 761.051(b) shall also adopt a
policy requiring a credit card and debt education and counseling
session to be included in any orientation program for new
students. The postsecondary educational institution may use
existing educational materials prepared by nonprofit entities for
purposes of the credit card and debt education and counseling
session.
Added by Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 4.014(a), eff. September 1, 2009.
SUBCHAPTER D. ENFORCEMENT PROVISIONS
Sec. 761.151. CIVIL PENALTY. A person who intentionally
violates this chapter is liable to the state for a civil penalty
in an amount not to exceed $2,500 for each violation. The
attorney general or the prosecuting attorney in the county in
which the violation occurs may bring suit to recover the civil
penalty imposed under this section.
Added by Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 4.014(a), eff. September 1, 2009.
State Codes and Statutes
Statutes >
Texas >
Business-and-commerce-code >
Title-16-advertising-and-marketing >
Chapter-761-credit-card-marketing-at-postsecondary-educational-institutions BUSINESS AND COMMERCE CODE
TITLE 16. ADVERTISING AND MARKETING
SUBTITLE B. MARKETING PRACTICES
CHAPTER 761. CREDIT CARD MARKETING AT POSTSECONDARY EDUCATIONAL
INSTITUTIONS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 761.001. DEFINITIONS. In this chapter:
(1) "Campus credit card marketing activity":
(A) means any activity:
(i) conducted by an agent or employee of a credit card issuer on
the campus of a postsecondary educational institution; and
(ii) designed to encourage and enable students to apply for a
credit card; and
(B) includes the act of placing on the campus a display or
poster together with a form that can be returned to the credit
card issuer as a credit card application, even if an employee or
agent of the credit card issuer is not present at the display.
(2) "Credit card" means a card or device issued under an
agreement by which the issuer gives to a cardholder the right to
obtain credit from the issuer or another person.
(3) "Credit card issuer" means a lender, including a financial
institution, or a merchant that receives applications and issues
credit cards to individuals.
(4) "Governing board" means the body charged with policy
direction of any postsecondary educational institution, including
a board of directors, a board of regents, a board of trustees,
and an independent school district board that is charged with
policy direction of a public junior college.
(5) "Postsecondary educational institution" means:
(A) an institution of higher education as defined by Section
61.003, Education Code;
(B) a private or independent institution of higher education as
defined by Section 61.003, Education Code; or
(C) a private postsecondary educational institution as defined
by Section 61.302, Education Code.
Added by Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 4.014(a), eff. September 1, 2009.
SUBCHAPTER B. PROHIBITED CONDUCT
Sec. 761.051. CAMPUS CREDIT CARD MARKETING ACTIVITY OUTSIDE
DESIGNATED LOCATION OR TIME PROHIBITED. (a) A credit card
issuer may not engage in campus credit card marketing activities:
(1) outside of a campus location designated by the governing
board of the postsecondary educational institution for that
purpose in accordance with Subsection (b); or
(2) at a time other than a time designated by the governing
board in accordance with Subsection (b).
(b) The governing board of a postsecondary educational
institution may designate:
(1) one or more locations on campus where a credit card issuer
may engage in campus credit card marketing activities; and
(2) one or more times during which a credit card issuer may
engage in campus credit card marketing activities.
Added by Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 4.014(a), eff. September 1, 2009.
Sec. 761.052. RESTRICTION ON GIFTS OR INCENTIVES FOR COMPLETING
CREDIT CARD APPLICATION. A credit card issuer may not offer a
gift or other incentive in exchange for the completion of a
credit card application as part of a campus credit card marketing
activity unless the credit card issuer, at the time the credit
card issuer provides a credit card application to an individual,
provides financial educational material developed under Section
761.101 to the individual.
Added by Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 4.014(a), eff. September 1, 2009.
SUBCHAPTER C. EDUCATIONAL MATERIAL AND SESSIONS
Sec. 761.101. CREDIT CARD ISSUER TO DEVELOP FINANCIAL
EDUCATIONAL MATERIAL. A credit card issuer who conducts campus
credit card marketing activities shall develop financial
educational material in consultation with or subject to approval
by the postsecondary educational institution. The financial
educational material must include a clear and practical
explanation of:
(1) effective money management skills, including how to develop
and maintain a budget;
(2) key financial terms and phrases related to credit cards and
personal debt management;
(3) credit educational materials and programs offered by the
credit card issuer that are available to student cardholders
after they have opened an account;
(4) resources to assist students in understanding credit reports
and credit scores and the consequences of irresponsible credit
card use; and
(5) the importance of responsible credit practices, including
timely paying the minimum amount due each month and reducing
costs by paying as much of the balance as possible.
Added by Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 4.014(a), eff. September 1, 2009.
Sec. 761.102. CREDIT CARD ISSUER TO PROVIDE FINANCIAL
EDUCATIONAL MATERIAL. A credit card issuer that conducts campus
credit card marketing activities shall:
(1) during the time that the credit card issuer conducts the
credit card marketing activity on the campus, make available to
students, on the campus, financial educational material developed
under Section 761.101;
(2) make financial educational material similar to material
developed under Section 761.101 available on the Internet; and
(3) provide to a student to whom a credit card is issued, at the
time the credit card is provided to the student, financial
educational material developed under Section 761.101.
Added by Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 4.014(a), eff. September 1, 2009.
Sec. 761.103. CREDIT CARD AND DEBT EDUCATION AT NEW STUDENT
ORIENTATION. The governing board of a postsecondary educational
institution that has designated a location for campus credit card
marketing activities under Section 761.051(b) shall also adopt a
policy requiring a credit card and debt education and counseling
session to be included in any orientation program for new
students. The postsecondary educational institution may use
existing educational materials prepared by nonprofit entities for
purposes of the credit card and debt education and counseling
session.
Added by Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 4.014(a), eff. September 1, 2009.
SUBCHAPTER D. ENFORCEMENT PROVISIONS
Sec. 761.151. CIVIL PENALTY. A person who intentionally
violates this chapter is liable to the state for a civil penalty
in an amount not to exceed $2,500 for each violation. The
attorney general or the prosecuting attorney in the county in
which the violation occurs may bring suit to recover the civil
penalty imposed under this section.
Added by Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 4.014(a), eff. September 1, 2009.
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