Texas Senate Bill SB926

Texas 2015 - 84th Regular

Caption

Relating to the compelled production of certain customer records by a financial institution.

Impact

The implications of SB926 extend to how financial institutions manage requests for customer records. By establishing clear conditions under which records can be compelled, the bill aims to safeguard financial institutions from being unduly burdened by court orders that may arise without prior compliance considerations. The effectiveness of this law reinforces the legal principle that a party requesting information must bear the associated costs, promoting a more structured approach to data requests in the banking sector. This amendment is likely to foster greater transparency and accountability in how court orders are processed by financial entities.

Summary

SB926 seeks to amend the Finance Code by addressing the compelled production of certain customer records by financial institutions. The proposed legislation stipulates that if a requesting party has not paid the costs associated with obtaining a financial institution's records or has not posted the requisite cost bond, a court is prohibited from ordering the production of such records. Additionally, the bill provides that financial institutions cannot be held in contempt of court for failing to produce these records under the specified conditions. This measure is intended to clarify the obligations and protections for financial institutions when faced with court orders for customer data.

Contention

While the bill appears straightforward, it may lead to discussions regarding the balance between privacy protections and the rights of public and law enforcement entities to access financial records. Some stakeholders may argue that these provisions could hinder investigations that require timely access to customer data, while proponents of the bill may assert that it is crucial to protect consumer privacy from excessive or unfounded requests. The ongoing dialogue surrounding SB926 may focus on how to adequately safeguard both the financial industry's integrity and the necessary law enforcement access to information without compromising citizen rights.