By Davila                                       H.B. No. 3124

      75R7565 DWS-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to a fee for an automated teller machine transaction.

 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 362 to read as follows:

 1-6           Art. 362.  AUTOMATED TELLER MACHINE FEE FOR COMMUNITY

 1-7     DEVELOPMENT

 1-8           Sec. 1.  DEFINITIONS.  In this article:

 1-9                 (1)  "Commission" means the Finance Commission of

1-10     Texas.

1-11                 (2)  "Financial institution" means a state or national

1-12     bank, state or federal savings and loan association, state or

1-13     federal savings bank, or state or federal credit union.

1-14           Sec. 2.  FINANCIAL INSTITUTION FEE.  The commission by rule

1-15     shall provide that a financial institution submit to the commission

1-16     or another appropriate state agency a fee in an amount equal to one

1-17     cent for each transaction:

1-18                 (1)  that a customer of the financial institution makes

1-19     using an automated teller machine; and

1-20                 (2)  for which the financial institution imposes on the

1-21     customer a charge.

1-22           Sec. 3.  DEPOSIT AND USE OF FEE.  (a) The commission's rules

1-23     must require that the fee be deposited in a special account in the

1-24     state treasury.

 2-1           (b)  Money in the special account may be used only by

 2-2     appropriate state agencies to which the money is appropriated for

 2-3     community development.

 2-4           SECTION 2.  This Act takes effect September 1, 1997.

 2-5           SECTION 3.  The importance of this legislation and the

 2-6     crowded condition of the calendars in both houses create an

 2-7     emergency and an imperative public necessity that the

 2-8     constitutional rule requiring bills to be read on three several

 2-9     days in each house be suspended, and this rule is hereby suspended.