By: Darby, et al. (Senate Sponsor - Creighton) H.B. No. 2394
(In the Senate - Received from the House April 20, 2015;
April 27, 2015, read first time and referred to Committee on
Business and Commerce; May 7, 2015, reported favorably by the
following vote: Yeas 8, Nays 0; May 7, 2015, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the compelled production of certain customer records by
a financial institution.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 59.006, Finance Code, is amended by
adding Subsection (b-1) to read as follows:
(b-1) If the requesting party has not paid a financial
institution's costs or posted a cost bond as required by Subsection
(b)(2), a court may not:
(1) order the financial institution to produce a
record in response to the record request; or
(2) find the financial institution to be in contempt
of court for failing to produce the record.
SECTION 2. The changes in law made by this Act apply only to
a record request submitted on or after the effective date of this
Act. A record request submitted before the effective date of this
Act is governed by the law in effect on the date the request was
submitted, and the former law is continued in effect for that
purpose.
SECTION 3. This Act takes effect September 1, 2015.
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