RestrictedLast verified: 2026-08-25

Is credit card surcharging legal in Texas?

Usually yes, with conditions. Texas allows a credit card surcharge but attaches rules you have to meet. Texas is genuinely unsettled and should not be treated as a clear yes or no. Tex. Bus. & Com. Code § 604A.0021 prohibits sellers from imposing a credit card surcharge, and § 604A.002 does the same for debit cards. In 2018 a federal district court held § 604A.0021 unconstitutional in Rowell v. Paxton and enjoined its enforcement, but the Texas Attorney General then opined (KP-0257) that the ruling binds only the litigants and that the statute can still apply in some circumstances. The Texas State Law Library itself says it is unclear whether the surcharge laws are enforceable. Cash discounts fall outside the statutory definition and are the lower-risk pattern.

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.

Not legal advice

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.