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.