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.