Texas 2011 - 82nd Regular

Texas House Bill HB3752

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to a financial institution's action regarding certain withdrawals and deposits.

Impact

The enactment of HB 3752 could have significant implications for state banking regulations, particularly in how financial institutions manage deposit accounts and the fees associated with overdrafts. By establishing clearer guidelines, the bill seeks to enhance consumer protections and promote fair practices in personal banking. This change could lead to improved customer satisfaction and reliability in transactions, as account holders could rely on the availability of their funds irrespective of check dates. However, it may also affect the revenue models of banks that benefit from overdraft fees.

Summary

House Bill 3752 seeks to amend sections of the Texas Finance Code concerning the treatment of deposits and withdrawals within financial institutions. Specifically, the bill establishes that when a deposit and a withdrawal occur on the same business day, the deposit will be credited to the account before any withdrawals are deducted. Furthermore, the bill stipulates that banks and credit unions cannot charge a fee for overdrafts or insufficient funds if there are sufficient funds at the time of withdrawal, regardless of the check date. The aim is to protect consumers from unexpected fees for situations where funds are technically available at the moment of withdrawal.

Sentiment

The overall sentiment surrounding HB 3752 appears to be positive, especially among consumer advocacy groups and individuals concerned about banking fees. Supporters of the bill argue that it promotes financial fairness and accountability among banks, which is increasingly important in the current economic climate. Opponents, however, may raise concerns about the financial impacts on banks and credit unions, suggesting that such regulations might lead to reduced services or increased fees in other areas to compensate for the losses incurred from overdraft charges.

Contention

Notable points of contention in discussions surrounding the bill may focus on its potential impact on financial institutions and their capacity to manage risk. Proponents highlight the consumer-friendly aspects of the bill that aim to reduce financial burdens on customers. Meanwhile, critics might argue that these provisions could lead to increased administrative challenges for banks, ultimately translating into altered operational costs. The debate encapsulates the tension between consumer protections and the operational interests of financial institutions, an area that often sparks heated discussions in legislative contexts.

Companion Bills

No companion bills found.

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