By Barrientos S.B. No. 1052 76R7302 DWS-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to fees for use of an automated teller machine. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Subtitle Z, Title 3, Finance Code, is amended by 1-5 adding Chapter 277 to read as follows: 1-6 CHAPTER 277. AUTOMATED TELLER MACHINE 1-7 Sec. 277.001. FEE LIMITATION. (a) In this section, 1-8 "financial institution" means a state or national bank, state or 1-9 federal savings and loan association, state or federal savings 1-10 bank, or state or federal credit union. 1-11 (b) A person may not charge a fee for use of an automated 1-12 teller machine except as provided by this section. 1-13 (c) A financial institution may charge a customer of the 1-14 financial institution a transaction fee of not more than $1 for a 1-15 transaction the customer makes relating to the customer's account 1-16 with the financial institution using an automated teller machine 1-17 regardless of whether the financial institution is the owner of the 1-18 automated teller machine. 1-19 (d) The owner of an automated teller machine who is not a 1-20 financial institution may charge a user of the automated teller 1-21 machine a transaction fee of not more than $1 for a transaction 1-22 made by the user at the automated teller machine. 1-23 (e) A person who violates this section is liable for a civil 1-24 penalty of not more than $500 for each violation. The attorney 2-1 general may bring an action to recover the civil penalty. 2-2 SECTION 2. This Act takes effect September 1, 1999. 2-3 SECTION 3. The importance of this legislation and the 2-4 crowded condition of the calendars in both houses create an 2-5 emergency and an imperative public necessity that the 2-6 constitutional rule requiring bills to be read on three several 2-7 days in each house be suspended, and this rule is hereby suspended.