Texas 2017 - 85th Regular

Texas House Bill HB4125 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R14638 GRM-D
2	2	By: Herrero H.B. No. 4125
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to clarifying the liability of certain financial
8	8	institutions that offer remote deposit capture.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter A, Chapter 59, Finance Code, is
11	11	amended by adding Section 59.013 to read as follows:
12	12	Sec. 59.013. LIABILITY FOR REMOTE DEPOSIT CAPTURE. (a) In
13	13	this section "remote deposit capture" means a method that allows a
14	14	bank to accept a deposit using an electronic image instead of the
15	15	original physical check.
16	16	(b) A bank that offers remote deposit capture is liable for
17	17	any loss suffered by another person that results from the use of the
18	18	bank's remote deposit capture.
19	19	SECTION 2. Subchapter A, Chapter 89, Finance Code, is
20	20	amended by adding Section 89.009 to read as follows:
21	21	Sec. 89.009. LIABILITY FOR REMOTE DEPOSIT CAPTURE. (a) In
22	22	this section "remote deposit capture" means a method that allows an
23	23	association to accept a deposit using an electronic image instead
24	24	of the original physical check.
25	25	(b) An association that offers remote deposit capture is
26	26	liable for any loss suffered by another person that results from the
27	27	use of the association's remote deposit capture.
28	28	SECTION 3. Subchapter A, Chapter 119, Finance Code, is
29	29	amended by adding Section 119.009 to read as follows:
30	30	Sec. 119.009. LIABILITY FOR REMOTE DEPOSIT CAPTURE. (a) In
31	31	this section "remote deposit capture" means a method that allows a
32	32	savings bank to accept a deposit using an electronic image instead
33	33	of the original physical check.
34	34	(b) A savings bank that offers remote deposit capture is
35	35	liable for any loss suffered by another person that results from the
36	36	use of the bank's remote deposit capture.
37	37	SECTION 4. Chapter 149, Finance Code, is amended by adding
38	38	Section 149.003 to read as follows:
39	39	Sec. 149.003. LIABILITY FOR REMOTE DEPOSIT CAPTURE. (a) In
40	40	this section "remote deposit capture" means a method that allows a
41	41	credit union to accept a deposit using an electronic image instead
42	42	of the original physical check.
43	43	(b) A credit union that offers remote deposit capture is
44	44	liable for any loss suffered by another person that results from the
45	45	use of the credit union's remote deposit capture.
46	46	SECTION 5. The change in law made by this Act applies only
47	47	to a cause of action that accrues on or after the effective date of
48	48	this Act. A cause of action that accrues before the effective date
49	49	of this Act is governed by the law in effect on the date the cause of
50	50	action accrued, and the former law is continued in effect for that
51	51	purpose.
52	52	SECTION 6. This Act takes effect September 1, 2017.