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.
      Sec. 2.  APPLICATION; FEES EXCLUSIVE.  (a)  This article
applies only to a financial institution that makes an extension of
credit under Section 50(a)(6), Article XVI, Texas Constitution.
      (b)  A financial institution to which this article applies
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 to which this article applies 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.  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 50(a)(6), Article XVI, Texas
Constitution, until the official determines that the financial
institution has come into compliance with this article.