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78R630 ATP-D

By:  Wise                                                         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: (A) a person who has transacted or is transacting business with, or has used or is using the services of, a financial institution; or (B) a person for whom a financial institution has acted as a fiduciary with respect to trust property. (2) "Customer information" means: (A) an original or a copy of a record held by a financial institution relating to a customer's relationship with the financial institution; or (B) any information derived from a record described by Paragraph (A). (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; or (H) Federal Housing Finance Board. (5) "Law enforcement agency" means the Department of Public Safety or a local police or sheriff department. Sec. 278.002. EXEMPTIONS. (a) This chapter does not apply to: (1) the preparation, examination, handling, or maintenance of customer information by an officer, employee, or agent of the financial institution that has custody of the customer's information; (2) the examination of customer information by an accountant performing an audit for the financial institution that has custody of the customer's information; (3) the examination of customer information by, or the furnishing of customer information to, an officer, employee, or agent of a financial institution regulatory agency for use only in the exercise of that person's duties; (4) the publication of data derived from customer information that cannot be identified to a particular customer or account; (5) an act required of the financial institution by the Internal Revenue Code; (6) a disclosure authorized under Title 1, Business & Commerce Code, concerning the dishonor of a negotiable instrument; (7) the exchange in the regular course of business of customer information relating to a customer's credit between a financial institution and another financial institution or commercial entity, directly or through a consumer reporting agency; (8) the examination of customer information by a governmental or law enforcement agency for purposes of verifying information necessary in a licensing process under state law, if the agency obtains consent to the disclosure from the person seeking the license and the customer before examining the customer's information; (9) the compelled discovery of customer information under Section 59.006; (10) the disclosure of customer information by a financial institution to which Section 59.006 does not apply to a law enforcement or governmental agency in response to a warrant, court order, or subpoena, including an administrative subpoena issued under a law of this state, another state, or the United States; (11) the disclosure by a financial institution to any other financial institution or other entity that controls, is controlled by, or is under common control with the financial institution; or (12) the disclosure of customer information to a governmental agency to satisfy any reporting requirement imposed on the financial institution under other law. (b) An entity that receives customer information under Subsection (a)(11) shall comply with this chapter as if the entity were a financial institution to which this chapter applies. Sec. 278.003. DISCLOSURE OF CUSTOMER INFORMATION PROHIBITED. A financial institution may not disclose customer information to any person, except as provided by this chapter. Sec. 278.004. CONSENT TO DISCLOSURE. (a) A customer may authorize a financial institution to disclose the customer's information to any person. (b) A customer's consent must be in writing and signed by the customer. The consent may specify: (1) the time during which the consent is effective; (2) the customer information that may be disclosed; and (3) the persons to whom disclosure may be made. (c) A financial institution may not require a customer's consent to disclosure of the customer's information as a condition of doing business with the financial institution. A consent or waiver obtained from a customer as a condition of doing business with a financial institution is not valid. Sec. 278.005. DISCLOSURE OF CUSTOMER INFORMATION AUTHORIZED: UNLAWFUL ACTIVITY OR FRAUD. (a) A financial institution may initiate contact with and disclose customer information to a law enforcement agency if the financial institution reasonably believes that the customer to whom the disclosed information relates is engaged in unlawful activity or is defrauding the financial institution. (b) The burden is on the financial institution to show that a disclosure made under this section was reasonable at the time the disclosure was made. The conviction of the customer for the offense or the admission by the customer that the customer committed the offense for which the financial institution disclosed the information is conclusive proof of the reasonableness of the financial institution's disclosure for purposes of this subsection. Sec. 278.006. REIMBURSEMENT OF COSTS. (a) A financial institution that assembles or provides customer information may require the person requesting the information to pay a fee for the reimbursement of reasonable and necessary costs incurred by the financial institution in assembling or providing the information. (b) A financial institution shall deliver the customer information as soon as practicable notwithstanding any dispute concerning the amount of reimbursement due under this section. (c) A financial institution may bring an action for recovery of reimbursement under this section. Sec. 278.007. LIABILITY. A person is liable to a customer for an intentional violation of this chapter in an amount equal to the greater of: (1) $1,000; or (2) actual damages caused by the disclosure of the customer information. SECTION 2. This Act takes effect September 1, 2003.