1-1 By: Sibley S.B. No. 991
1-2 (In the Senate - Filed February 28, 2001; March 1, 2001, read
1-3 first time and referred to Committee on Business and Commerce;
1-4 March 8, 2001, reported favorably by the following vote: Yeas 6,
1-5 Nays 0; March 8, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the imposition of a user fee for a shared electronic
1-9 terminal.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 59.202, Finance Code, is amended to read
1-12 as follows:
1-13 Sec. 59.202. USER FEE FOR SHARED ELECTRONIC TERMINAL.
1-14 (a) Subject to Subsection (b), the [The] owner of an electronic
1-15 terminal that is located in this state and that is connected to a
1-16 shared network may impose a fee for the use of that terminal if
1-17 imposition of the fee is disclosed at a time and in a manner that
1-18 allows a user to avoid the transaction without incurring the
1-19 transaction fee.
1-20 (b) An automated teller machine operator who is required to
1-21 provide notice under the Electronic Fund Transfer Act (15 U.S.C.
1-22 Section 1693 et seq.), as amended, for providing services in
1-23 connection with an electronic fund transfer initiated by a certain
1-24 user at the machine may not impose a fee for the use of that
1-25 machine unless the operator complies with the disclosure and other
1-26 requirements of that Act and regulations adopted under that Act.
1-27 (c) An agreement to share an electronic terminal may not:
1-28 (1) limit the right of the owner of an electronic
1-29 terminal to charge a fee described by Subsection (a) as allowed by
1-30 the law of this state or the United States;
1-31 (2) require the owner to limit or waive its rights or
1-32 obligations under this section; or
1-33 (3) otherwise discriminate in any manner against the
1-34 owner as a result of the owner's charging of a fee authorized under
1-35 this section.
1-36 (d) [(c)] In this section:
1-37 (1) "Automated teller machine operator" and
1-38 "electronic fund transfer" have the meanings assigned by 15 U.S.C.
1-39 Section 1693b(d)(3).
1-40 (2) "Electronic [fund] transfer of money" means any
1-41 transfer of money, other than a transaction originated by check,
1-42 draft, or similar paper instrument, that is initiated through an
1-43 electronic terminal and orders, instructs, or authorizes a
1-44 financial institution to debit or credit an account. The term
1-45 includes a point-of-sale transfer, an unmanned teller machine
1-46 transaction, and a cash dispensing machine transaction.
1-47 (3) [(2)] "Electronic terminal" means an electronic
1-48 device, other than a telephone, through which a consumer may
1-49 initiate an electronic [fund] transfer of money. The term includes
1-50 a point-of-sale terminal, an unmanned teller machine, and a cash
1-51 dispensing machine.
1-52 (4) [(3)] "Financial institution" has the meaning
1-53 assigned by Section 201.101.
1-54 (5) [(4)] "Shared network" means an electronic
1-55 information communication and processing facility used by two or
1-56 more owners of electronic terminals to receive, transmit, or
1-57 retransmit electronic impulses or other electronic indicia of
1-58 transactions, originating at electronic terminals, to financial
1-59 institutions or to other transmission facilities for the purpose
1-60 of:
1-61 (A) the withdrawal by a customer of money from
1-62 the customer's account, including a withdrawal under a line of
1-63 credit previously authorized by a financial institution for the
1-64 customer;
2-1 (B) the deposit of money by a customer in the
2-2 customer's account with a financial institution;
2-3 (C) the transfer of money by a customer between
2-4 one or more accounts maintained by the customer with a financial
2-5 institution, including the application of money against an
2-6 indebtedness of the customer to the financial institution; or
2-7 (D) a request for information by a customer
2-8 concerning the balance of the customer's account with a financial
2-9 institution.
2-10 SECTION 2. This Act takes effect September 1, 2001, and
2-11 applies only to a transaction that is initiated on or after that
2-12 date.
2-13 * * * * *