The statute
Citation: Tex. Bus. & Com. Code §§ 604A.002, 604A.0021
We have not reproduced operative text here because we could not confirm a clean verbatim quote against the official source. Follow the citation and the source links below.
How much you can charge
No usable state cap, because the statute is a prohibition rather than a ceiling and its enforceability is contested. If you surcharge in Texas anyway, the card-network ceilings (Visa 3%, Mastercard 4%) are the operative limits.
Disclosure requirements
Given the unsettled posture, many Texas merchants use a posted cash discount instead of a card surcharge. Take Texas-specific legal advice before switching a Texas-facing checkout to surcharging.
Sources
- Texas State Law Library: Credit card surcharge FAQ
- Texas Attorney General Opinion KP-0257
- NFIB Legal Center: Credit Card Surcharge and Cash Discount Laws Guide (2025)
Last verified: 2026-08-25. Confidence: verified against the sources above.
This page is a research summary for merchants, not legal advice, and no attorney-client relationship is created by reading it. Surcharge rules change, they interact with card-network rules and federal law, and they can turn on facts specific to your business. Consult licensed counsel in Texas before you implement or change a surcharge.
Putting this into practice on Shopify
Rules like these only help if your checkout can actually enforce them, including on Shop Pay, Apple Pay and Google Pay.