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.