By Reyna of Bexar H.B. No. 3787
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain agreements made by financial institutions.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter B, Chapter 4, Business & Commerce
1-5 Code, is amended by adding Section 4.217 to read as follows:
1-6 Sec. 4.217. PROCESSING FEE FOR DISHONORED CHECK. A bank may
1-7 not require a customer to pay a fee for a check because it is
1-8 subsequently dishonored unless the check is drawn after the date on
1-9 which the drawer receives notice that a check on the same account
1-10 has been dishonored.
1-11 SECTION 2. Subchapter D, Chapter 35, Business & Commerce
1-12 Code, is amended by adding Section 35.55 to read as follows:
1-13 Sec. 35.55. AGREEMENT WITH RESPECT TO DISHONORED CHECK. A
1-14 financial institution may not enter into an agreement with a
1-15 customer to limit the bank's liability with respect to a check that
1-16 is subsequently dishonored.
1-17 SECTION 3. This Act takes effect September 1, 1999.
1-18 SECTION 4. The importance of this legislation and the
1-19 crowded condition of the calendars in both houses create an
1-20 emergency and an imperative public necessity that the
1-21 constitutional rule requiring bills to be read on three several
2-1 days in each house be suspended, and this rule is hereby suspended.