By Davila H.B. No. 2967
75R7562 DWS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to fees for use of an automated teller machine.
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 361 to read as follows:
1-6 Art. 361. AUTOMATED TELLER MACHINE FEES
1-7 Sec. 1. DEFINITION. In this article, "financial
1-8 institution" means a state or national bank, state or federal
1-9 savings and loan association, state or federal savings bank, or
1-10 state or federal credit union.
1-11 Sec. 2. FEES EXCLUSIVE. A person may not charge a fee for
1-12 use of an automated teller machine except as provided by this
1-13 article.
1-14 Sec. 3. TRANSACTION FEE; FINANCIAL INSTITUTION CUSTOMER. A
1-15 financial institution may charge a customer of the financial
1-16 institution a transaction fee of not more than $1 for each
1-17 transaction the customer makes relating to the customer's account
1-18 with the financial institution using an automated teller machine,
1-19 regardless of whether the financial institution is the owner of the
1-20 automated teller machine.
1-21 Sec. 4. TRANSACTION FEE; USER. (a) Except as provided by
1-22 Subsection (b), an owner of an automated teller machine may charge
1-23 a user of the automated teller machine a transaction fee of not
1-24 more than $1 for a transaction made by the user at the automated
2-1 teller machine.
2-2 (b) If the owner of the automated teller machine is a
2-3 financial institution and the transaction relates to the user's
2-4 account with the financial institution, the financial institution
2-5 may charge only the fee under Section 4.
2-6 SECTION 2. This Act takes effect September 1, 1997.
2-7 SECTION 3. The importance of this legislation and the
2-8 crowded condition of the calendars in both houses create an
2-9 emergency and an imperative public necessity that the
2-10 constitutional rule requiring bills to be read on three several
2-11 days in each house be suspended, and this rule is hereby suspended.