| 1 | | - | By: Darby, et al. (Senate Sponsor - Creighton) H.B. No. 2394 |
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| 2 | | - | (In the Senate - Received from the House April 20, 2015; |
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| 3 | | - | April 27, 2015, read first time and referred to Committee on |
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| 4 | | - | Business and Commerce; May 7, 2015, reported favorably by the |
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| 5 | | - | following vote: Yeas 8, Nays 0; May 7, 2015, sent to printer.) |
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| 6 | | - | Click here to see the committee vote |
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| 1 | + | H.B. No. 2394 |
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| 10 | 4 | | AN ACT |
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| 11 | 5 | | relating to the compelled production of certain customer records by |
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| 12 | 6 | | a financial institution. |
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| 13 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 14 | 8 | | SECTION 1. Section 59.006, Finance Code, is amended by |
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| 15 | 9 | | adding Subsection (b-1) to read as follows: |
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| 16 | 10 | | (b-1) If the requesting party has not paid a financial |
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| 17 | 11 | | institution's costs or posted a cost bond as required by Subsection |
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| 18 | 12 | | (b)(2), a court may not: |
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| 19 | 13 | | (1) order the financial institution to produce a |
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| 20 | 14 | | record in response to the record request; or |
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| 21 | 15 | | (2) find the financial institution to be in contempt |
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| 22 | 16 | | of court for failing to produce the record. |
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| 23 | 17 | | SECTION 2. The changes in law made by this Act apply only to |
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| 24 | 18 | | a record request submitted on or after the effective date of this |
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| 25 | 19 | | Act. A record request submitted before the effective date of this |
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| 26 | 20 | | Act is governed by the law in effect on the date the request was |
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| 27 | 21 | | submitted, and the former law is continued in effect for that |
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| 28 | 22 | | purpose. |
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| 29 | 23 | | SECTION 3. This Act takes effect September 1, 2015. |
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| 30 | | - | * * * * * |
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| 24 | + | ______________________________ ______________________________ |
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| 25 | + | President of the Senate Speaker of the House |
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| 26 | + | I certify that H.B. No. 2394 was passed by the House on April |
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| 27 | + | 16, 2015, by the following vote: Yeas 141, Nays 1, 2 present, not |
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| 28 | + | voting. |
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| 29 | + | ______________________________ |
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| 30 | + | Chief Clerk of the House |
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| 31 | + | I certify that H.B. No. 2394 was passed by the Senate on May |
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| 32 | + | 15, 2015, by the following vote: Yeas 31, Nays 0. |
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| 33 | + | ______________________________ |
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| 34 | + | Secretary of the Senate |
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| 35 | + | APPROVED: _____________________ |
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| 36 | + | Date |
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| 37 | + | _____________________ |
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| 38 | + | Governor |
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