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.