By Ellis, et al.                                S.B. No. 1599

      75R3032 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.  The legislature finds that:

 1-5                 (1)  it is in the interest of the residents of this

 1-6     state to make checking accounts available to as many residents of

 1-7     this state as possible;

 1-8                 (2)  checking accounts provide an efficient way to pay

 1-9     bills, a means to protect money from theft, and a way for

1-10     low-income consumers to build experience, credit history, and

1-11     relationships with mainstream financial services;

1-12                 (3)  without affordable checking accounts, many

1-13     residents of this state must rely on higher-cost, inefficient, and

1-14     unsafe alternatives;

1-15                 (4)  barriers exist that make checking accounts less

1-16     accessible, including high initial or continuing balance

1-17     requirements and excessive monthly and other fees necessary to

1-18     maintain an account; and

1-19                 (5)  it is appropriate to require the Finance

1-20     Commission of Texas to establish minimum requirements for financial

1-21     institutions doing business in this state to offer consumer

1-22     checking accounts that will aid low-income consumers to establish

1-23     checking accounts.

1-24           SECTION 2.  Title 16, Revised Statutes, is amended by adding

 2-1     Article 353 to read as follows:

 2-2           Art. 353.  CONSUMER CHECKING ACCOUNT

 2-3           Sec. 1.  DEFINITIONS.  In this article:

 2-4                 (1)  "Commission" means the Finance Commission of

 2-5     Texas.

 2-6                 (2)  "Commissioner" means the Banking Commissioner of

 2-7     Texas.

 2-8                 (3)  "Financial institution" means a state or national

 2-9     bank, state or federal savings and loan association, state or

2-10     federal savings bank, or state or federal credit union doing

2-11     business in this state.

2-12                 (4)  "Regular checking account" means the type of

2-13     checking account held by the most customers at a financial

2-14     institution.

2-15           Sec. 2.  CONSUMER CHECKING ACCOUNT REQUIRED.  Each financial

2-16     institution that offers a checking account to the public shall

2-17     offer a consumer checking account to the public.

2-18           Sec. 3.  FORM OF ACCOUNT.  (a)  The commission by rule shall

2-19     establish the required terms of a consumer checking account.  The

2-20     rules must:

2-21                 (1)  be designed to make the account available for use

2-22     by low-income persons primarily for personal, family, or household

2-23     purposes;

2-24                 (2)  establish:

2-25                       (A)  the initial deposit that may be required to

2-26     open the account;

2-27                       (B)  the minimum balance that may be required to

 3-1     maintain the account;

 3-2                       (C)  the minimum number of checks that the

 3-3     financial institution must permit the account holder to draw within

 3-4     a certain period without additional charge;

 3-5                       (D)  the minimum number of withdrawals that the

 3-6     financial institution must permit the account holder to make by a

 3-7     means other than check within a certain period without additional

 3-8     charge;

 3-9                       (E)  the minimum number of deposits that the

3-10     financial institution must permit the account holder to make within

3-11     a certain period without additional charge; and

3-12                       (F)  the maximum amount of any charge relating to

3-13     the account; and

3-14                 (3)  require the financial institution to provide the

3-15     holder of the account periodic account statements.

3-16           (b)  In adopting rules under this section, the commission

3-17     shall ensure that a financial institution is not required to

3-18     receive less gross income from consumer checking accounts than it

3-19     costs the financial institution to provide those accounts.  On

3-20     request of the commissioner, a financial institution shall provide

3-21     information necessary to enable the commission to carry out this

3-22     subsection.

3-23           Sec. 4.  ALTERNATIVE FORM OF ACCOUNT.  (a)  On request of a

3-24     financial institution, the commissioner may approve as a consumer

3-25     checking account an account that does not meet the requirements of

3-26     rules adopted under Section 3 if the commissioner determines that

3-27     the account satisfies the purposes of a consumer checking account

 4-1     described by Section 3(a)(1).

 4-2           (b)  Not later than the 30th day after the day on which a

 4-3     financial institution submits a request under this section, the

 4-4     commissioner shall  send to the financial institution a written

 4-5     notice that:

 4-6                 (1)  approves the request; or

 4-7                 (2)  disapproves the request and states the reasons for

 4-8     the disapproval.

 4-9           Sec. 5.  CONSIDERATION OF EXISTING ACCOUNTS.  The commission,

4-10     in adopting rules under Section 3, and the commissioner, in

4-11     considering a request under Section 4, shall consider the terms of

4-12     existing low-cost personal checking accounts available in this

4-13     state.

4-14           Sec. 6.  PARITY WITH OTHER ACCOUNTS.  (a) Except as otherwise

4-15     provided by this article or rules adopted under this article, a

4-16     financial institution shall offer each of its products and services

4-17     to a holder of a consumer checking account on the same basis that

4-18     it offers the product or service to a holder of a regular checking

4-19     account.

4-20           (b)  A financial institution may not:

4-21                 (1)  give a holder of a consumer checking account less

4-22     access to mail or electronic banking services, including direct

4-23     deposit services, than it gives to a holder of a regular checking

4-24     account; or

4-25                 (2)  charge a holder of a consumer checking account an

4-26     amount for a service that is greater than the amount charged for

4-27     the service to a holder of a regular checking account.

 5-1           Sec. 7.  OPENING ACCOUNT; SERVICES PROVIDED AT EACH LOCATION.

 5-2     (a) A financial institution shall:

 5-3                 (1)  provide for the opening of a consumer checking

 5-4     account at each location at which it opens a regular checking

 5-5     account; and

 5-6                 (2)  provide services related to a consumer checking

 5-7     account at each location at which it provides services related to a

 5-8     regular savings account.

 5-9           (b)  The financial institution may require that an applicant

5-10     for a consumer checking account provide the financial institution

5-11     with the same information required of an applicant for a regular

5-12     savings account.

5-13           Sec. 8.  GROUNDS FOR CLOSING OR DENYING ACCOUNT.  (a) A

5-14     financial institution may:

5-15                 (1)  close a consumer checking account for fraudulent

5-16     activity or overdrafts under the same standards the financial

5-17     institution applies to a regular checking account; and

5-18                 (2)  close or refuse to open a consumer checking

5-19     account if the applicant or account holder:

5-20                       (A)  has a consumer checking account or regular

5-21     checking account at another financial institution; or

5-22                       (B)  intentionally makes a material

5-23     misrepresentation in information provided to the financial

5-24     institution to open the account.

5-25           (b)  A financial institution may not require, as a condition

5-26     of opening or maintaining a consumer checking account, that the

5-27     applicant or account holder hold any other account with that or any

 6-1     other financial institution, including a credit card account.

 6-2           Sec. 9.  PUBLIC NOTICE OF ACCOUNT.  Each financial

 6-3     institution required to offer a consumer checking account shall

 6-4     provide notice at each of its locations of the main features and

 6-5     limitations of a consumer checking account by:

 6-6                 (1)  posting a copy of the notice in a conspicuous

 6-7     public area of the location; and

 6-8                 (2)  making printed copies of the notice available to

 6-9     the public.

6-10           Sec. 10.  INJUNCTION.  On request of the commissioner, the

6-11     attorney general shall bring an action to enjoin a violation of

6-12     this article.

6-13           SECTION 3.  The Finance Commission of Texas shall adopt rules

6-14     under Article 353, Revised Statutes, as added by this Act, before

6-15     January 1, 1998.

6-16           SECTION 4.  The importance of this legislation and the

6-17     crowded condition of the calendars in both houses create an

6-18     emergency and an imperative public necessity that the

6-19     constitutional rule requiring bills to be read on three several

6-20     days in each house be suspended, and this rule is hereby suspended,

6-21     and that this Act take effect and be in force from and after its

6-22     passage, and it is so enacted.