1-1  By:  Harris of Tarrant                                S.B. No. 1461
    1-2        (In the Senate - Filed April 30, 1993; May 3, 1993, read
    1-3  first time and referred to Committee on Jurisprudence;
    1-4  May 11, 1993, reported favorably by the following vote:  Yeas 4,
    1-5  Nays 0; May 11, 1993, sent to printer.)
    1-6                            COMMITTEE VOTE
    1-7                          Yea     Nay      PNV      Absent 
    1-8        Henderson          x                               
    1-9        Harris of Tarrant  x                               
   1-10        Brown                                          x   
   1-11        Harris of Dallas   x                               
   1-12        Luna                                           x   
   1-13        Parker                                         x   
   1-14        West               x                               
   1-15                         A BILL TO BE ENTITLED
   1-16                                AN ACT
   1-17  relating to a spouse's access to information concerning the
   1-18  community property held by the other spouse.
   1-19        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-20        SECTION 1.  Subchapter B, Chapter 5, Family Code, is amended
   1-21  by adding Section 5.28 to read as follows:
   1-22        Sec. 5.28.  ACCESS TO CERTAIN ACCOUNT INFORMATION.  (a)  A
   1-23  spouse has the right to examine any account of the other spouse,
   1-24  including the amount in and the deposits, loans, or other
   1-25  transactions made in relation to the account, maintained by the
   1-26  other spouse in a financial institution or stock brokerage firm if
   1-27  the account contains community property, including community
   1-28  property that is under the sole management, control, and
   1-29  disposition of the other spouse.
   1-30        (b)  A financial institution or stock brokerage firm that
   1-31  receives a request from a spouse for information to which the
   1-32  spouse is entitled under this section about an account of the other
   1-33  spouse shall provide the information requested by the spouse unless
   1-34  the institution or firm receives an order from a district court as
   1-35  described by Subsection (c) of this section.
   1-36        (c)  A spouse who objects to a request by the other spouse
   1-37  under this section because the account that is the subject of the
   1-38  request contains only property that is not community property may
   1-39  request an order from a district court preventing the spouse
   1-40  requesting the information about the account from obtaining the
   1-41  information.  The court shall issue the order only if the court
   1-42  finds that all of the property in the account is not community
   1-43  property.
   1-44        (d)  This section does not affect the ability of a financial
   1-45  institution or stock brokerage firm to charge a fee or costs for
   1-46  information provided to a spouse under this section.
   1-47        (e)  In this section, "financial institution" means a state
   1-48  or federal bank, savings and loan association, credit union, or
   1-49  savings bank.
   1-50        SECTION 2.  Subsection (b), Section 6.08, Texas Credit Union
   1-51  Act (Article 2461-6.08, Vernon's Texas Civil Statutes), is amended
   1-52  to read as follows:
   1-53        (b)  Except in connection with an examination or audit by a
   1-54  government agency authorized by law to examine credit unions or a
   1-55  request by the spouse of a member of the credit union under Section
   1-56  5.28, Family Code, no credit union authorized to do business under
   1-57  this Act is required to disclose or produce to third parties or
   1-58  permit third parties to examine records pertaining to the shares,
   1-59  deposits, loans, or other affairs of a member of the credit union,
   1-60  unless the member consents to the disclosure or production or the
   1-61  request for disclosure or production is made by the department or
   1-62  is in response to a subpoena or other order issued by a court of
   1-63  competent jurisdiction or to an administrative subpoena or summons
   1-64  issued by a state or federal agency as specifically authorized by
   1-65  law.  The commission may promulgate reasonable rules regarding the
   1-66  confidentiality of members' accounts and the duties and obligations
   1-67  of the credit union to maintain that confidentiality and may
   1-68  authorize disclosure of member information under circumstances and
    2-1  conditions that the commission determines are appropriate or
    2-2  requisite in the daily operation of the credit union's business.
    2-3  The commission by rule shall provide for reasonable notice to a
    2-4  member of a request from the member's spouse under Section 5.28,
    2-5  Family Code.
    2-6        SECTION 3.  Sections 1, 2, and 3, Article 5, Chapter VII, The
    2-7  Texas Banking Code (Article 342-705, Vernon's Texas Civil
    2-8  Statutes), are amended to read as follows:
    2-9        Sec. 1.  No financial institution shall be required to
   2-10  recognize the claim of any third party to any deposit, or withhold
   2-11  payment of any deposit to the depositor or to his order, unless and
   2-12  until the financial institution is served with citation or other
   2-13  appropriate process issuing out of a court of competent
   2-14  jurisdiction in connection with a suit instituted by such third
   2-15  party for the purpose of recovering or establishing an interest in
   2-16  such deposit; neither shall any financial institution be required
   2-17  to disclose or produce to third parties, or permit third parties to
   2-18  examine the amount deposited by any depositor or other records
   2-19  pertaining to the deposits, accounts, loans, or other transactions
   2-20  of a depositor, owner, borrower, or customer except (i) where the
   2-21  depositor, owner, borrower, or customer as to whom the information
   2-22  is to be disclosed is a proper or necessary party to a proceeding
   2-23  in a court of competent jurisdiction in which event the records
   2-24  pertaining to the deposits, accounts, loans, or other financial
   2-25  institution transactions of such depositor, owner, borrower, or
   2-26  customer shall be subject to disclosure or (ii) where the financial
   2-27  institution itself is a proper or necessary party to a proceeding
   2-28  in a court of competent jurisdiction, except that records
   2-29  pertaining to the deposits, accounts, loans, or other transactions
   2-30  of a depositor, owner, borrower, or customer may not be disclosed
   2-31  unless the court orders and the financial institution subsequently
   2-32  obtains the written consent of the depositor, owner, borrower, or
   2-33  customer to whom the records pertain, or (iii) in response to a
   2-34  subpoena issued by a legislative investigating committee of the
   2-35  Legislature of Texas, or (iv) in response to a request for
   2-36  examination of its records by the Attorney General of Texas
   2-37  pursuant to Article 1302-5.01 et seq. of the Texas Miscellaneous
   2-38  Corporation Laws Act, or (v) in response to a request by the spouse
   2-39  of a depositor, owner, borrower, or customer under Section 5.28,
   2-40  Family Code.
   2-41        Sec. 2.  Unless ordered otherwise by a court of competent
   2-42  jurisdiction and unless consent is required under Section (1)(ii)
   2-43  of this article, before disclosure, production, or examination may
   2-44  be required under Section 1 of this article, the agency, body, or
   2-45  party issuing or obtaining the order, subpoena, or request for the
   2-46  disclosure, examination, or production of records of deposits,
   2-47  accounts, loans, or other financial institution records shall (1)
   2-48  give notice of such order, subpoena, or request to the depositor or
   2-49  financial institution customer in the manner provided by Rule 21a,
   2-50  Texas Rules of Civil Procedure, at least 10 days preceding the date
   2-51  when compliance with the order, subpoena, or request is required,
   2-52  and (2) certify to the financial institution (at the time the
   2-53  order, subpoena, or request is served or delivered to the financial
   2-54  institution) that the depositor or financial institution customer
   2-55  has been served with or has been mailed a copy of the order,
   2-56  subpoena, or request as required herein.  A financial institution
   2-57  shall be entitled to recover from the party seeking the material
   2-58  reasonable costs of reproduction, postage, delivery, and other
   2-59  expenses which it incurs in complying with orders, subpoenas,
   2-60  requests for the disclosure, consent to disclosure, examination, or
   2-61  production of records of deposits, accounts, loans, and other
   2-62  financial institution records.  A production, disclosure, or
   2-63  examination under Section 1(i) <or> (ii), or (v) of this article is
   2-64  not required until the costs that the financial institution is
   2-65  entitled to recover under this section have been paid to the
   2-66  financial institution in full or until the party seeking the
   2-67  material has posted a cost bond in an amount sufficient to ensure
   2-68  the recovery by the financial institution of all of those costs and
   2-69  expenses. The financial institution may notify its customer or
   2-70  depositor (unless ordered otherwise by a court of competent
    3-1  jurisdiction) of its receipt of any subpoena, order, or request for
    3-2  production.
    3-3        Sec. 3.  Each customer or depositor entitled to notice of an
    3-4  order, subpoena, or request for disclosure, examination, or
    3-5  production of records of deposits or accounts or other financial
    3-6  institution records may, prior to the date specified therein for
    3-7  disclosure, examination, or production, file in an appropriate
    3-8  district court of the State of Texas a motion to quash the order,
    3-9  subpoena, or request or for protective order and shall make
   3-10  personal service of such motion on the party, agency, or body
   3-11  issuing or obtaining such order, subpoena, or request and on the
   3-12  financial institution prior to the date for disclosure,
   3-13  examination, or production.  Any motion to quash or for protection
   3-14  shall be verified.  Failure to file and serve such motion to quash
   3-15  or for protection shall constitute consent for all purposes to
   3-16  disclosure, production, or examination made pursuant to this
   3-17  article.  A motion for a protective order in response to a request
   3-18  under Section 1(v) of this article is subject to Section 5.28,
   3-19  Family Code.
   3-20        SECTION 4.  (a)  This Act takes effect September 1, 1993.
   3-21        (b)  This Act applies to a request by a spouse to examine an
   3-22  account held by the other spouse that contains community property
   3-23  on or after the effective date of this Act, without regard to
   3-24  whether the account was opened or the community property was
   3-25  obtained by the other spouse before, on, or after that date.
   3-26        SECTION 5.  The importance of this legislation and the
   3-27  crowded condition of the calendars in both houses create an
   3-28  emergency and an imperative public necessity that the
   3-29  constitutional rule requiring bills to be read on three several
   3-30  days in each house be suspended, and this rule is hereby suspended.
   3-31                               * * * * *
   3-32                                                         Austin,
   3-33  Texas
   3-34                                                         May 11, 1993
   3-35  Hon. Bob Bullock
   3-36  President of the Senate
   3-37  Sir:
   3-38  We, your Committee on Jurisprudence to which was referred S.B.
   3-39  No. 1461, have had the same under consideration, and I am
   3-40  instructed to report it back to the Senate with the recommendation
   3-41  that it do pass and be printed.
   3-42                                                         Henderson,
   3-43  Chairman
   3-44                               * * * * *
   3-45                               WITNESSES
   3-46  No witnesses appeared on S.B. No. 1461.