By Sibley S.B. No. 991
77R2548 CLG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the imposition of a user fee for a shared electronic
1-3 terminal.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 59.202, Finance Code, is amended to read
1-6 as follows:
1-7 Sec. 59.202. USER FEE FOR SHARED ELECTRONIC TERMINAL. (a)
1-8 Subject to Subsection (b), the [The] owner of an electronic
1-9 terminal that is located in this state and that is connected to a
1-10 shared network may impose a fee for the use of that terminal if
1-11 imposition of the fee is disclosed at a time and in a manner that
1-12 allows a user to avoid the transaction without incurring the
1-13 transaction fee.
1-14 (b) An automatic teller machine operator who is required to
1-15 provide notice under the Electronic Fund Transfer Act (15 U.S.C.
1-16 Section 1693 et seq.), as amended, for providing services in
1-17 connection with an electronic fund transfer initiated by a certain
1-18 user at the machine may not impose a fee for the use of that
1-19 machine unless the operator complies with the disclosure and other
1-20 requirements of that Act and regulations adopted under that Act.
1-21 (c) An agreement to share an electronic terminal may not:
1-22 (1) limit the right of the owner of an electronic
1-23 terminal to charge a fee described by Subsection (a) as allowed by
1-24 the law of this state or the United States;
2-1 (2) require the owner to limit or waive its rights or
2-2 obligations under this section; or
2-3 (3) otherwise discriminate in any manner against the
2-4 owner as a result of the owner's charging of a fee authorized under
2-5 this section.
2-6 (d) [(c)] In this section:
2-7 (1) "Automated teller machine operator" and
2-8 "electronic fund transfer" have the meanings assigned by 15 U.S.C.
2-9 Section 1693b(d)(3).
2-10 (2) "Electronic [fund] transfer of money" means any
2-11 transfer of money, other than a transaction originated by check,
2-12 draft, or similar paper instrument, that is initiated through an
2-13 electronic terminal and orders, instructs, or authorizes a
2-14 financial institution to debit or credit an account. The term
2-15 includes a point-of-sale transfer, an unmanned teller machine
2-16 transaction, and a cash dispensing machine transaction.
2-17 (3) [(2)] "Electronic terminal" means an electronic
2-18 device, other than a telephone, through which a consumer may
2-19 initiate an electronic [fund] transfer of money. The term includes
2-20 a point-of-sale terminal, an unmanned teller machine, and a cash
2-21 dispensing machine.
2-22 (4) [(3)] "Financial institution" has the meaning
2-23 assigned by Section 201.101.
2-24 (5) [(4)] "Shared network" means an electronic
2-25 information communication and processing facility used by two or
2-26 more owners of electronic terminals to receive, transmit, or
2-27 retransmit electronic impulses or other electronic indicia of
3-1 transactions, originating at electronic terminals, to financial
3-2 institutions or to other transmission facilities for the purpose
3-3 of:
3-4 (A) the withdrawal by a customer of money from
3-5 the customer's account, including a withdrawal under a line of
3-6 credit previously authorized by a financial institution for the
3-7 customer;
3-8 (B) the deposit of money by a customer in the
3-9 customer's account with a financial institution;
3-10 (C) the transfer of money by a customer between
3-11 one or more accounts maintained by the customer with a financial
3-12 institution, including the application of money against an
3-13 indebtedness of the customer to the financial institution; or
3-14 (D) a request for information by a customer
3-15 concerning the balance of the customer's account with a financial
3-16 institution.
3-17 SECTION 2. This Act takes effect September 1, 2001, and
3-18 applies only to a transaction that is initiated on or after that
3-19 date.