1-1     By:  Driver, Averitt (Senate Sponsor - Carona)        H.B. No. 2800
 1-2           (In the Senate - Received from the House May 3, 1999;
 1-3     May 3, 1999, read first time and referred to Committee on Economic
 1-4     Development; May 14, 1999, reported favorably by the following
 1-5     vote:  Yeas 6, Nays 0; May 14, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to requiring a financial institution to maintain certain
 1-9     information from a business account holder.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Subtitle Z, Title 3, Finance Code, is amended by
1-12     adding Chapter 277 to read as follows:
1-13                  CHAPTER 277.  BUSINESS CHECKING ACCOUNTS
1-14           Sec. 277.001.  DEFINITIONS.  In this chapter:
1-15                 (1)  "Business" means a legal entity, including a
1-16     corporation, partnership, or sole proprietorship, that is formed
1-17     for the purpose of making a profit.
1-18                 (2)  "Business checking account" means an account at a
1-19     financial institution from which withdrawals may be made by a
1-20     business by check or draft.  The term includes a money market
1-21     account, a negotiable order of withdrawal account, or other account
1-22     at a financial institution in which the account holder has check
1-23     writing privileges.
1-24                 (3)  "Financial institution" means a state or national
1-25     bank, state or federal savings and loan association, state or
1-26     federal savings bank, or state or federal credit union doing
1-27     business in this state.
1-28           Sec. 277.002.  ACCOUNT INFORMATION REQUIRED.  (a)  A
1-29     financial institution shall require, as a condition of opening or
1-30     maintaining a business checking account, that the applicant or
1-31     account holder provide:
1-32                 (1)  if the business is a sole proprietorship:
1-33                       (A)  the name of the business owner;
1-34                       (B)  the physical address of the business;
1-35                       (C)  the home address of the business owner; and
1-36                       (D)  the driver's license number of the business
1-37     owner or the personal identification card number issued to the
1-38     business owner by the Department of Public Safety; or
1-39                 (2)  if the business is a corporation or other legal
1-40     entity, a copy of the business's certificate of incorporation or a
1-41     comparable document and an assumed name certificate, if any.
1-42           (b)  The financial institution shall request that the account
1-43     holder inform the institution at least annually of any changes in
1-44     the information the institution is required to obtain under
1-45     Subsection (a).
1-46           Sec. 277.003.  DISCLOSURE OF INFORMATION.  (a)  A financial
1-47     institution may not unreasonably withhold the information described
1-48     by Section 277.002 in response to a written request for the
1-49     information that:
1-50                 (1)  is made by a person to whom the financial
1-51     institution has returned a dishonored check or draft that was
1-52     issued to the person by a business that maintains a business
1-53     checking account; and
1-54                 (2)  includes a photocopy of the dishonored check or
1-55     draft.
1-56           (b)  A financial institution that assesses a reasonable
1-57     research fee in the regular course of business may assess the fee
1-58     on a person who requests information under this section.
1-59           (c)  A financial institution is not liable to an account
1-60     holder or other person for the disclosure of information under this
1-61     section.
1-62           SECTION 2.  This Act takes effect September 1, 1999, and
1-63     applies to a business checking account held by a financial
1-64     institution on or after that date, regardless of the date on which
 2-1     the account was opened.
 2-2           SECTION 3.  The importance of this legislation and the
 2-3     crowded condition of the calendars in both houses create an
 2-4     emergency and an imperative public necessity that the
 2-5     constitutional rule requiring bills to be read on three several
 2-6     days in each house be suspended, and this rule is hereby suspended.
 2-7                                  * * * * *