Amend CSHB 1188 by adding the following appropriately
numbered section and renumbering sections appropriately:
      SECTION ____.  Title 16, Revised Statutes, is amended by
adding Article 361 to read as follows:
      Art. 361.  AUTOMATED TELLER MACHINE FEES
      Sec. 1.  DEFINITION.  In this article, "financial
institution" means a state or national bank, state or federal
savings and loan association, state or federal savings bank, or
state or federal credit union. This article applies only to an
institution that makes an extension of credit under Section
50(a)(6), Article XVI, Texas Constitution.
      Sec. 2.  FEES EXCLUSIVE.  A person may not charge a fee for
use of an automated teller machine except as provided by this
article.
      Sec. 3.  TRANSACTION FEE; FINANCIAL INSTITUTION CUSTOMER.  A
financial institution may charge a customer of the financial
institution a transaction fee of not more than $1 for each
transaction the customer makes relating to the customer's account
with the financial institution using an automated teller machine,
regardless of whether the financial institution is the owner of the
automated teller machine.
      Sec. 4.  TRANSACTION FEE; MACHINE OWNER.  The owner of an
automated teller machine who is not a financial institution may
charge a user of the automated teller machine a transaction fee of
not more than 50 cents for a transaction made by the user at the
automated teller machine.
      Sec. 5.  PROHIBITION ON MAKING CERTAIN LOANS SECURED BY
HOMESTEAD.  If the regulatory official responsible for regulating a
financial institution determines the financial institution has
violated this article, the financial institution is not eligible to
make a loan described by Section 41.001(b)(6) or (7), Property
Code, until the official determines that the financial institution
has come into compliance with this article.