By Roman                                        H.B. No. 2548

      75R346 DWS-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to a checking account for low-income consumers.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Title 16, Revised Statutes, is amended by adding

 1-5     Article 353 to read as follows:

 1-6           Art. 353.  CONSUMER CHECKING ACCOUNT

 1-7           Sec. 1.  DEFINITIONS.  In this article:

 1-8                 (1)  "Commission" means the Finance Commission of

 1-9     Texas.

1-10                 (2)  "Commissioner" means the Banking Commissioner of

1-11     Texas.

1-12                 (3)  "Financial institution" means a state or national

1-13     bank, state or federal savings and loan association, state or

1-14     federal savings bank, or state or federal credit union doing

1-15     business in this state.

1-16                 (4)  "Regular checking account" means the type of

1-17     checking account held by the most customers at a financial

1-18     institution.

1-19           Sec. 2.  CONSUMER CHECKING ACCOUNT REQUIRED.  Each financial

1-20     institution that offers a checking account to the public shall

1-21     offer a consumer checking account to the public.

1-22           Sec. 3.  FORM OF ACCOUNT.  (a)  The commission by rule shall

1-23     establish the required terms of a consumer checking account.  The

1-24     rules must:

 2-1                 (1)  be designed to make the account available for use

 2-2     by low-income persons primarily for personal, family, or household

 2-3     purposes;

 2-4                 (2)  establish:

 2-5                       (A)  the initial deposit that may be required to

 2-6     open the account;

 2-7                       (B)  the minimum balance that may be required to

 2-8     maintain the account;

 2-9                       (C)  the minimum number of checks that the

2-10     financial institution must permit the account holder to draw within

2-11     a certain period without additional charge;

2-12                       (D)  the minimum number of withdrawals that the

2-13     financial institution must permit the account holder to make by a

2-14     means other than check within a certain period without additional

2-15     charge;

2-16                       (E)  the minimum number of deposits that the

2-17     financial institution must permit the account holder to make within

2-18     a certain period without additional charge; and

2-19                       (F)  the maximum amount of any charge relating to

2-20     the account; and

2-21                 (3)  require the financial institution to provide the

2-22     holder of the account periodic account statements.

2-23           (b)  In adopting rules under this section, the commission

2-24     shall ensure that a financial institution is not required to

2-25     receive less gross income from consumer checking accounts than it

2-26     costs the financial institution to provide those accounts.  On

2-27     request of the commissioner, a financial institution shall provide

 3-1     information necessary to enable the commission to carry out this

 3-2     subsection.

 3-3           Sec. 4.  ALTERNATIVE FORM OF ACCOUNT.  (a)  On request of a

 3-4     financial institution, the commissioner may approve as a consumer

 3-5     checking account an account that does not meet the requirements of

 3-6     rules adopted under Section 3 if the commissioner determines that

 3-7     the account satisfies the purposes of a consumer checking account

 3-8     described by Section 3(a)(1).

 3-9           (b)  Not later than the 30th day after the day on which a

3-10     financial institution submits a request under this section, the

3-11     commissioner shall  send to the financial institution a written

3-12     notice that:

3-13                 (1)  approves the request; or

3-14                 (2)  disapproves the request and states the reasons for

3-15     the disapproval.

3-16           Sec. 5.  CONSIDERATION OF EXISTING ACCOUNTS.  The commission,

3-17     in adopting rules under Section 3, and the commissioner, in

3-18     considering a request under Section 4, shall consider the terms of

3-19     existing low-cost personal checking accounts available in this

3-20     state.

3-21           Sec. 6.  PARITY WITH OTHER ACCOUNTS.  (a) Except as otherwise

3-22     provided by this article or rules adopted under this article, a

3-23     financial institution shall offer each of its products and services

3-24     to a holder of a consumer checking account on the same basis that

3-25     it offers the product or service to a holder of a regular checking

3-26     account.

3-27           (b)  A financial institution may not:

 4-1                 (1)  give a holder of a consumer checking account less

 4-2     access to mail or electronic banking services, including direct

 4-3     deposit services, than it gives to a holder of a regular checking

 4-4     account; or

 4-5                 (2)  charge a holder of a consumer checking account an

 4-6     amount for a service that is greater than the amount charged for

 4-7     the service to a holder of a regular checking account.

 4-8           Sec. 7.  OPENING ACCOUNT; SERVICES PROVIDED AT EACH LOCATION.

 4-9     (a) A financial institution shall:

4-10                 (1)  provide for the opening of a consumer checking

4-11     account at each location at which it opens a regular checking

4-12     account; and

4-13                 (2)  provide services related to a consumer checking

4-14     account at each location at which it provides services related to a

4-15     regular savings account.

4-16           (b)  The financial institution may require that an applicant

4-17     for a consumer checking account provide the financial institution

4-18     with the same information required of an applicant for a regular

4-19     savings account.

4-20           Sec. 8.  GROUNDS FOR CLOSING OR DENYING ACCOUNT.  (a) A

4-21     financial institution may:

4-22                 (1)  close a consumer checking account for fraudulent

4-23     activity or overdrafts under the same standards the financial

4-24     institution applies to a regular checking account; and

4-25                 (2)  close or refuse to open a consumer checking

4-26     account if the applicant or account holder:

4-27                       (A)  has a consumer checking account or regular

 5-1     checking account at another financial institution; or

 5-2                       (B)  intentionally makes a material

 5-3     misrepresentation in information provided to the financial

 5-4     institution to open the account.

 5-5           (b)  A financial institution may not require, as a condition

 5-6     of opening or maintaining a consumer checking account, that the

 5-7     applicant or account holder hold any other account with that or any

 5-8     other financial institution, including a credit card account.

 5-9           Sec. 9.  PUBLIC NOTICE OF ACCOUNT.  Each financial

5-10     institution required to offer a consumer checking account shall

5-11     provide notice at each of its locations of the main features and

5-12     limitations of a consumer checking account by:

5-13                 (1)  posting a copy of the notice in a conspicuous

5-14     public area of the location; and

5-15                 (2)  making printed copies of the notice available to

5-16     the public.

5-17           Sec. 10.  INJUNCTION.  On request of the commissioner, the

5-18     attorney general shall bring an action to enjoin a violation of

5-19     this article.

5-20           SECTION 2.  The Finance Commission of Texas shall adopt rules

5-21     under Article 353, Revised Statutes, as added by this Act, before

5-22     January 1, 1998.

5-23           SECTION 3.  The importance of this legislation and the

5-24     crowded condition of the calendars in both houses create an

5-25     emergency and an imperative public necessity that the

5-26     constitutional rule requiring bills to be read on three several

5-27     days in each house be suspended, and this rule is hereby suspended,

 6-1     and that this Act take effect and be in force from and after its

 6-2     passage, and it is so enacted.