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78R9946 ATP-D


By:  Wise                                                         H.B. No. 56 

Substitute the following for H.B. No. 56:                                     

By:  Hopson                                                   C.S.H.B. No. 56 


A BILL TO BE ENTITLED
AN ACT
relating to the disclosure of a customer's personal information by a financial institution. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subtitle Z, Title 3, Finance Code, is amended by adding Chapter 278 to read as follows:
CHAPTER 278. DISCLOSURE OF CUSTOMER INFORMATION
Sec. 278.001. DEFINITIONS. In this chapter: (1) "Customer" means an individual who obtains, from a financial institution, financial products or services that are used primarily for personal, family, or household purposes. (2) "Customer information" means financial information that personally identifies a customer and that is: (A) provided by the customer or the legal representative of the customer to a financial institution; (B) obtained as a result of a transaction with or service performed for the customer or the legal representative of the customer; or (C) otherwise obtained by a financial institution. (3) "Financial institution" has the meaning assigned by Section 201.101. (4) "Financial institution regulatory agency" means the: (A) Federal Deposit Insurance Corporation; (B) National Credit Union Administration; (C) Board of Governors of the Federal Reserve System; (D) Office of the Comptroller of the Currency; (E) Texas Department of Banking; (F) Savings and Loan Department; (G) Credit Union Department; (H) Federal Housing Finance Board; or (I) bank supervising agency of the state in which an out-of-state state bank that maintains a branch office in this state is chartered. (5) "Nonaffiliated third party" means, with respect to a financial institution, a person that does not control, is not controlled by, or is not under common control with the financial institution. Sec. 278.002. DISCLOSURE OF CUSTOMER INFORMATION. (a) Except as provided by Subsection (b) or (c), a financial institution may disclose customer information to a nonaffiliated third party only if: (1) the financial institution clearly and conspicuously notifies the customer or the legal representative of the customer in writing by mail that the customer information may be disclosed; (2) the notification is made independently of any other communication provided by the financial institution; (3) the customer or the legal representative of the customer is given the opportunity, before the information is disclosed, to prevent the disclosure; and (4) the customer or the legal representative of the customer is given an explanation of how to prevent the disclosure. (b) A financial institution may disclose customer information to a nonaffiliated third party if the disclosure is incidental to the third party's performance of services for or functions on behalf of the financial institution, including the marketing of financial products or services offered by the financial institution or another person under an agreement with the financial institution making the disclosure. (c) A financial institution may disclose customer information to a nonaffiliated third party as provided by 15 U.S.C. Section 6802(e). Sec. 278.003. RULEMAKING. A financial institution regulatory agency of this state shall adopt rules necessary to carry out the purposes of this chapter. Sec. 278.004. LIABILITY. (a) A financial institution is liable to a customer whose information is disclosed in violation of this chapter for: (1) an amount equal to one of the following, at the option of the customer: (A) $200 for each violation, not to exceed $20,000; or (B) actual damages; and (2) attorney's fees. (b) A financial institution is liable to a customer for punitive damages for an intentional violation of this chapter. SECTION 2. This Act takes effect September 1, 2003. SECTION 3. (a) The change in law made by Chapter 278, Finance Code, as added by this Act, applies only to the disclosure of information on or after January 1, 2004. (b) A financial regulatory agency shall adopt rules as required by Section 278.003, Finance Code, as added by this Act, not later than December 1, 2003. A rule adopted under Section 278.003, Finance Code, shall take effect January 1, 2004.