By Carona H.B. No. 1299
Substitute the following for H.B. No. 1299:
By Marchant C.S.H.B. No. 1299
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to transaction fees for the use of an electronic terminal
1-3 connected to a shared electronic network.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter IX, The Texas Banking Code (Article
1-6 342-901 et seq., Vernon's Texas Civil Statutes), is amended by
1-7 adding Article 3d to read as follows:
1-8 Art. 3d. TRANSACTION FEES FOR SHARED ELECTRONIC TERMINALS
1-9 Sec. 1. In this article:
1-10 (1) "Electronic terminal" means an electronic device,
1-11 other than a telephone, through which a consumer may initiate an
1-12 electronic fund transfer. The term includes a point-of-sale
1-13 terminal, an unmanned teller machine, and a cash dispensing
1-14 machine.
1-15 (2) "Electronic fund transfer" means any transfer of
1-16 funds, other than a transaction originated by check, draft, or
1-17 similar paper instrument, that is initiated through an electronic
1-18 terminal and orders, instructs, or authorizes a financial
1-19 institution to debit or credit an account. The term includes a
1-20 point-of-sale transfer, unmanned teller machine transaction, and
1-21 cash dispensing machine transaction.
1-22 (3) "Financial institution" means a state, national,
1-23 or private bank, savings bank, state or federal savings and loan
2-1 association, thrift company, or credit union.
2-2 (4) "Shared network" means an electronic information
2-3 communication and processing facility used by two or more different
2-4 owners of electronic terminals to receive, transmit, or retransmit
2-5 electronic impulses or other electronic indicia of transactions,
2-6 originating at electronic terminals, to financial institutions or
2-7 to other transmission facilities for the purpose of:
2-8 (A) the withdrawal by a customer of money from
2-9 the customer's account, including a withdrawal pursuant to a line
2-10 of credit previously authorized by a financial institution for the
2-11 customer;
2-12 (B) the deposit of funds by a customer in the
2-13 customer's account with a financial institution;
2-14 (C) the transfer of funds by a customer between
2-15 one or more accounts maintained by the customer with a financial
2-16 institution, including the application of funds against an
2-17 indebtedness of the customer to the financial institution; or
2-18 (D) a request for information by a customer
2-19 concerning the balance of the account of the customer with a
2-20 financial institution.
2-21 Sec. 2. (a) The owner of a point of sale terminal that is
2-22 located in this state and that is connected to a shared network may
2-23 impose a fee for the use of that terminal if imposition of the fee
2-24 is disclosed at a time and in a manner that allows a user to avoid
2-25 the transaction without incurring the transaction fee. The owner
3-1 of any other electronic terminal that is located in this state and
3-2 that is connected to a shared network may impose a fee for the use
3-3 of that terminal if imposition of the fee is disclosed at a time
3-4 and in a manner that allows a user to terminate or cancel the
3-5 transaction without incurring the transaction fee.
3-6 (b) An agreement to share electronic terminals may not:
3-7 (1) prohibit, limit, or restrict the right of the
3-8 owner of an electronic terminal to charge a fee described by
3-9 Subsection (a) for the use of its electronic terminal as allowed by
3-10 the laws of this state or of the United States;
3-11 (2) require the owner to limit or waive its rights or
3-12 obligations under this article; or
3-13 (3) otherwise discriminate in any manner against the
3-14 owner as a result of the owner's charging of a fee authorized under
3-15 this article.
3-16 SECTION 2. This Act takes effect September 1, 1995.
3-17 SECTION 3. The importance of this legislation and the
3-18 crowded condition of the calendars in both houses create an
3-19 emergency and an imperative public necessity that the
3-20 constitutional rule requiring bills to be read on three several
3-21 days in each house be suspended, and this rule is hereby suspended.