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A BILL TO BE ENTITLED
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AN ACT
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relating to clarifying the liability of certain financial |
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institutions that offer remote deposit capture. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 59, Finance Code, is |
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amended by adding Section 59.013 to read as follows: |
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Sec. 59.013. LIABILITY FOR REMOTE DEPOSIT CAPTURE. (a) In |
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this section "remote deposit capture" means a method that allows a |
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bank to accept a deposit using an electronic image instead of the |
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original physical check. |
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(b) A bank that offers remote deposit capture is liable for |
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any loss suffered by another person that results from the use of the |
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bank's remote deposit capture. |
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SECTION 2. Subchapter A, Chapter 89, Finance Code, is |
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amended by adding Section 89.009 to read as follows: |
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Sec. 89.009. LIABILITY FOR REMOTE DEPOSIT CAPTURE. (a) In |
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this section "remote deposit capture" means a method that allows an |
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association to accept a deposit using an electronic image instead |
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of the original physical check. |
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(b) An association that offers remote deposit capture is |
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liable for any loss suffered by another person that results from the |
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use of the association's remote deposit capture. |
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SECTION 3. Subchapter A, Chapter 119, Finance Code, is |
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amended by adding Section 119.009 to read as follows: |
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Sec. 119.009. LIABILITY FOR REMOTE DEPOSIT CAPTURE. (a) In |
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this section "remote deposit capture" means a method that allows a |
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savings bank to accept a deposit using an electronic image instead |
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of the original physical check. |
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(b) A savings bank that offers remote deposit capture is |
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liable for any loss suffered by another person that results from the |
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use of the bank's remote deposit capture. |
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SECTION 4. Chapter 149, Finance Code, is amended by adding |
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Section 149.003 to read as follows: |
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Sec. 149.003. LIABILITY FOR REMOTE DEPOSIT CAPTURE. (a) In |
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this section "remote deposit capture" means a method that allows a |
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credit union to accept a deposit using an electronic image instead |
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of the original physical check. |
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(b) A credit union that offers remote deposit capture is |
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liable for any loss suffered by another person that results from the |
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use of the credit union's remote deposit capture. |
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SECTION 5. The change in law made by this Act applies only |
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to a cause of action that accrues on or after the effective date of |
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this Act. A cause of action that accrues before the effective date |
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of this Act is governed by the law in effect on the date the cause of |
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action accrued, and the former law is continued in effect for that |
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purpose. |
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SECTION 6. This Act takes effect September 1, 2017. |