By Carona H.B. No. 1299
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to transaction fees for shared electronic terminals.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Title 16, Chapter IX, The Texas Banking Code
1-5 (Article 342-101, et seq.. Vernon's Texas Civil Statutes) is
1-6 amended by adding Article 342-903d to read as follows:
1-7 Art. 342-903d. Transaction Fees for Shared Electronic
1-8 Terminals
1-9 Sec. 1. In this article:
1-10 (a) "Electronic terminal" means an electronic device,
1-11 other than a telephone, through which a consumer may initiate an
1-12 electronic fund transfer. Such term includes, but is not limited
1-13 to, point-of-sale terminals, unmanned teller machines, and cash
1-14 dispensing machines.
1-15 (b) "Electronic fund transfer" means any transfer of
1-16 funds, other than a transaction originated by check, draft, or
1-17 similar paper instrument, which is initiated through an electronic
1-18 terminal in order to order, instruct, or authorize a financial
1-19 institution to debit or credit an account. Such term includes, but
1-20 is not limited to, point-of-sale transfers, unmanned teller machine
1-21 transactions, and cash dispensing machine transactions.
1-22 (c) "Financial institution" means any state, national,
1-23 or private bank, savings bank, savings and loan association, thrift
2-1 company, or credit union.
2-2 (d) "Owner of an electronic terminal" means any
2-3 corporation, financial institution, or other business that owns an
2-4 electronic terminal located in this State.
2-5 (e) "Shared network or system" means an electronic
2-6 information communication and processing facility used by two or
2-7 more different owners of electronic terminals to receive, transmit,
2-8 or retransmit electronic impulses or other electronic indicia of
2-9 transactions, originating at electronic terminals, to financial
2-10 institutions or to other transmission facilities for purposes of:
2-11 (1) the withdrawal by a customer of money
2-12 directly from the customer's account or from the customer's account
2-13 pursuant to a line of credit previously authorized by the financial
2-14 institution for the customer;
2-15 (2) the deposit of funds by a customer in the
2-16 customer's account with the financial institution;
2-17 (3) the transfer of funds by a customer between
2-18 one or more accounts maintained by the customer with the financial
2-19 institution, including the application of funds against an
2-20 indebtedness of the customer to the financial institution; and
2-21 (4) the request for information by a customer
2-22 concerning the balance of the account of the customer with the
2-23 financial institution.
2-24 Sec. 2. The owner of an electronic terminal may impose a fee
2-25 for the use of any such terminal located in this State which is
3-1 connected to shared networks or systems if imposition of the fee is
3-2 disclosed at a time and in a manner that allows a user to terminate
3-3 or cancel the transaction without incurring the transaction fee.
3-4 An agreement to share electronic terminals shall not prohibit,
3-5 limit, or restrict the right of the owner of an electronic terminal
3-6 to charge such fee for the use of its electronic terminal as
3-7 allowed by the laws of this State or of the United States, require
3-8 such owner to limit or waive its rights or obligations under this
3-9 article, or otherwise discriminate in any manner against such owner
3-10 as a result of such owner's charging of fees authorized under this
3-11 article.
3-12 SECTION 2. This act takes effect September 1, 1995.
3-13 SECTION 3. The importance of this legislation and the
3-14 crowded condition of the calendars in both houses create an
3-15 emergency and an imperative public necessity that the
3-16 constitutional rule requiring bills to be read on three several
3-17 days in each house be suspended, and this rule is hereby suspended.