1-1 By: Cain S.B. No. 661
1-2 (In the Senate - Filed February 20, 1995; February 21, 1995,
1-3 read first time and referred to Committee on Economic Development;
1-4 March 7, 1995, reported favorably, as amended, by the following
1-5 vote: Yeas 10, Nays 0; March 7, 1995, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Henderson
1-7 Amend S.B. No. 661 by deleting lines 20-25 on page 2 (Committee
1-8 printing lines 63-68, page 1) and substituting the following:
1-9 Sec. 2. (a) The owner of a point-of-sale terminal that is
1-10 located in this state and that is connected to a shared network may
1-11 impose a fee for the use of that terminal if imposition of the fee
1-12 is disclosed at a time and in a manner that allows a user to avoid
1-13 the transaction without incurring the transaction fee. The owner
1-14 of any other electronic terminal that is located in this state and
1-15 that is connected to a shared network may impose a fee for the use
1-16 of that terminal if imposition of the fee is disclosed at a time
1-17 and in a manner that allows a user to terminate or cancel the
1-18 transaction without incurring the transaction fee.
1-19 A BILL TO BE ENTITLED
1-20 AN ACT
1-21 relating to transaction fees for the use of an electronic terminal
1-22 connected to a shared electronic network.
1-23 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-24 SECTION 1. Chapter IX, The Texas Banking Code (Article
1-25 342-901 et seq., Vernon's Texas Civil Statutes), is amended by
1-26 adding Article 3d to read as follows:
1-27 Art. 3d. TRANSACTION FEES FOR SHARED ELECTRONIC TERMINALS
1-28 Sec. 1. In this article:
1-29 (1) "Electronic terminal" means an electronic device,
1-30 other than a telephone, through which a consumer may initiate an
1-31 electronic fund transfer. The term includes a point-of-sale
1-32 terminal, an unmanned teller machine, and a cash dispensing
1-33 machine.
1-34 (2) "Electronic fund transfer" means any transfer of
1-35 funds, other than a transaction originated by check, draft, or
1-36 similar paper instrument, that is initiated through an electronic
1-37 terminal and orders, instructs, or authorizes a financial
1-38 institution to debit or credit an account. The term includes a
1-39 point-of-sale transfer, unmanned teller machine transaction, and
1-40 cash dispensing machine transaction.
1-41 (3) "Financial institution" means a state, national,
1-42 or private bank, savings bank, state or federal savings and loan
1-43 association, thrift company, or credit union.
1-44 (4) "Shared network" means an electronic information
1-45 communication and processing facility used by two or more different
1-46 owners of electronic terminals to receive, transmit, or retransmit
1-47 electronic impulses or other electronic indicia of transactions,
1-48 originating at electronic terminals, to financial institutions or
1-49 to other transmission facilities for the purpose of:
1-50 (A) the withdrawal by a customer of money from
1-51 the customer's account, including a withdrawal pursuant to a line
1-52 of credit previously authorized by a financial institution for the
1-53 customer;
1-54 (B) the deposit of funds by a customer in the
1-55 customer's account with a financial institution;
1-56 (C) the transfer of funds by a customer between
1-57 one or more accounts maintained by the customer with a financial
1-58 institution, including the application of funds against an
1-59 indebtedness of the customer to the financial institution; or
1-60 (D) a request for information by a customer
1-61 concerning the balance of the account of the customer with a
1-62 financial institution.
1-63 Sec. 2. (a) The owner of an electronic terminal that is
1-64 located in this state and that is connected to a shared network may
1-65 impose a fee for the use of that terminal if imposition of the fee
1-66 is disclosed at a time and in a manner that allows a user to
1-67 terminate or cancel the transaction without incurring the
1-68 transaction fee.
2-1 (b) An agreement to share electronic terminals may not:
2-2 (1) prohibit, limit, or restrict the right of the
2-3 owner of an electronic terminal to charge a fee described by
2-4 Subsection (a) for the use of its electronic terminal as allowed by
2-5 the laws of this state or of the United States;
2-6 (2) require the owner to limit or waive its rights or
2-7 obligations under this article; or
2-8 (3) otherwise discriminate in any manner against the
2-9 owner as a result of the owner's charging of a fee authorized under
2-10 this article.
2-11 SECTION 2. This Act takes effect September 1, 1995.
2-12 SECTION 3. The importance of this legislation and the
2-13 crowded condition of the calendars in both houses create an
2-14 emergency and an imperative public necessity that the
2-15 constitutional rule requiring bills to be read on three several
2-16 days in each house be suspended, and this rule is hereby suspended.
2-17 * * * * *