By Maxey                                              H.B. No. 2305
         76R7389 DWS-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to fees for use of an automated teller machine; providing
 1-3     a civil penalty.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subtitle Z, Title 3, Finance Code, is amended by
 1-6     adding Chapter 277 to read as follows:
 1-7                   CHAPTER 277.  AUTOMATED TELLER MACHINE
 1-8           Sec. 277.001.  FEE LIMITATION.  (a)  In this section,
 1-9     "financial institution" means a state or national bank, state or
1-10     federal savings and loan association, state or federal savings
1-11     bank, or state or federal credit union.
1-12           (b)  A person may not charge a fee for use of an automated
1-13     teller machine not owned by the financial institution to the user
1-14     of the automated teller machine except as provided by this section.
1-15           (c)  A financial institution may charge a customer of the
1-16     financial institution a transaction fee for a transaction the
1-17     customer makes relating to the customer's account with the
1-18     financial institution using an automated teller machine not owned
1-19     by the financial institution.
1-20           (d)  The owner of an automated teller machine may charge a
1-21     user of the automated teller machine a transaction fee for a
1-22     transaction made by the user at the automated teller machine.
1-23           (e)  A person who charges a transaction fee authorized by
1-24     Subsection (d) shall, before the transaction is completed:
 2-1                 (1)  disclose to the user of the machine the amount of
 2-2     the fee charged for use of that automated teller machine; and
 2-3                 (2)  allow the user to cancel the transaction without
 2-4     incurring the fee.
 2-5           (f)  A person who violates this section is liable for a civil
 2-6     penalty of not more than $500 for each violation.  The attorney
 2-7     general may bring an action to recover the civil penalty.
 2-8           SECTION 2.  This Act takes effect September 1, 1999.
 2-9           SECTION 3.  The importance of this legislation and the
2-10     crowded condition of the calendars in both houses create an
2-11     emergency and an imperative public necessity that the
2-12     constitutional rule requiring bills to be read on three several
2-13     days in each house be suspended, and this rule is hereby suspended.