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.