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.