87R18667 JES-F
By: Thompson of Harris H.B. No. 2629
Substitute the following for H.B. No. 2629:
By: Perez C.S.H.B. No. 2629
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of a registry for and requiring the
registration of certain unmanned teller machines; imposing a fee;
providing a civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle Z, Title 3, Finance Code, is amended by
adding Chapter 282 to read as follows:
CHAPTER 282. REGISTRATION OF UNMANNED TELLER MACHINES
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 282.001. DEFINITIONS. In this chapter:
(1) "Department" means the Texas Department of
Banking.
(2) "Finance commission" means the Finance Commission
of Texas.
(3) "Financial institution" has the meaning assigned
by Section 201.101.
(4) "Occupant," with respect to an unmanned teller
machine, means a person who permits the public to access and use the
machine on the premises of a business establishment or facility
owned or operated by the person.
(5) "Operator," with respect to an unmanned teller
machine, means a person that owns, leases, operates, or maintains
the machine for public use on the premises of a business
establishment or facility owned or occupied by that person or
another person.
(6) "Registration sticker" means the sticker issued
under Section 282.055(b) that is required to be placed on an
unmanned teller machine as proof of the machine's registration
under this chapter.
(7) "Unmanned teller machine" has the meaning assigned
by Section 59.301.
Sec. 282.002. INAPPLICABILITY OF CHAPTER TO CERTAIN
UNMANNED TELLER MACHINES. This chapter does not apply to an
unmanned teller machine that is:
(1) installed, maintained, owned, leased, or operated
by, or at the direction of, a financial institution or an affiliate
of a financial institution;
(2) located or operated in another state; or
(3) not available for public use.
Sec. 282.003. RULES. The finance commission shall adopt
rules necessary to administer, implement, and enforce this chapter.
SUBCHAPTER B. REGISTRATION OF UNMANNED TELLER MACHINES; REGISTRY
Sec. 282.051. UNMANNED TELLER MACHINE REGISTRY. (a) The
department shall establish and maintain on the department's
Internet website an online registry of unmanned teller machines
required to be registered under this chapter.
(b) The department shall update the registry at least
quarterly.
Sec. 282.052. REGISTRATION OF CERTAIN UNMANNED TELLER
MACHINES REQUIRED. Before operating an unmanned teller machine in
this state, the operator of the machine must:
(1) register the machine; and
(2) place a valid registration sticker on the machine.
Sec. 282.053. APPLICATION FOR REGISTRATION. (a) To
register an unmanned teller machine, the operator of the machine
must file an application with the department in accordance with
this chapter.
(b) An operator may apply to register one or more unmanned
teller machines in the same application.
(c) The registration application must:
(1) be in writing and notarized;
(2) be completed by the operator of the machine;
(3) include for each unmanned teller machine the
operator is applying to register:
(A) the name, address, and telephone number of
the facility or place of business where the unmanned teller machine
will be located;
(B) the name, address, and telephone number of
the occupant;
(C) the name, address, and telephone number of
the operator;
(D) the unmanned teller machine equipment
information, including the quantity, equipment make, equipment
model, and machine identification or serial number;
(E) a copy of each agreement used or intended to
be used by the operator relating to the operation of the unmanned
teller machine; and
(F) any other relevant information that may be
required by the department; and
(4) except as provided by Subsection (d), be
accompanied by the application fee under Section 282.054.
(d) The department may not charge an application fee for the
filing of a new application for an unmanned teller machine
following a material change in the registration described by
Section 282.058(a)(1)(B) or (C).
Sec. 282.054. APPLICATION FEE. (a) The finance commission
by rule shall impose a fee for filing a registration application
under Section 282.053.
(b) The application fee must be in an amount:
(1) that is at least $5 but not more than $25 for each
unmanned teller machine being registered;
(2) not to exceed a total of $200, regardless of the
number of unmanned teller machines being registered; and
(3) sufficient to cover the costs of the department in
carrying out the department's duties under this chapter.
Sec. 282.055. APPROVAL OR DENIAL OF REGISTRATION;
REGISTRATION STICKER. (a) Not later than the 90th day after the
date an application for registration is filed under Section
282.053, the department shall make a determination regarding
whether to approve or deny the application. The department shall
approve the application if the application is accurate, complete,
and complies with Section 282.053.
(b) If the department approves the application, the
department shall notify the applicant of the approval and issue the
applicant a registration sticker for each unmanned teller machine
the applicant is applying to register. If the department
determines that the application is incomplete, inaccurate, or does
not comply with Section 282.053, the department shall deny the
application and notify the applicant of the reasons for denial.
(c) An application for registration that is accurate,
complete, and complies with Section 282.053 and has not been
approved or denied before the 91st day after the date the department
receives the application is considered approved for purposes of
this chapter. An operator's proof of submission of an application
described by this subsection satisfies the requirement of this
chapter to display a registration sticker for each unmanned teller
machine included in the application until the date on which the
operator is issued a registration sticker for the machine.
(d) An operator that has submitted an application
considered approved under Subsection (c) because of the
department's failure to approve or deny the application within the
period prescribed by that subsection may install and operate each
of the machines listed for registration until the date on which the
department denies the application, if ever, or the operator fails
to comply with the requirements of Section 282.058.
(e) If an application for registration considered approved
under Subsection (c) is denied at any time by the department, the
operator must uninstall and cease the operation of each unmanned
teller machine operating under that approval until the date an
application for registration of the unmanned teller machine
receives the department's approval, if ever.
(f) The department has the sole discretion to determine
whether a submitted application is accurate and complete for
purposes of this section.
Sec. 282.056. FORM AND CONTENTS OF REGISTRATION STICKER.
(a) The finance commission by rule shall determine the size,
design, display location, and technology used for a registration
sticker.
(b) The registration sticker, at a minimum, must include:
(1) the unmanned teller machine's identification or
serial number;
(2) the name, address, and telephone number of the
facility or place of business where the unmanned teller machine is
located;
(3) the name, address, and telephone number of the
occupant;
(4) the name, address, and telephone number of the
operator; and
(5) the date of issuance of the registration.
(c) An operator shall display the registration sticker
issued for each unmanned teller machine in the manner prescribed by
finance commission rule. The rules of the finance commission must
ensure that the registration sticker be displayed in a manner that
is plainly visible and readable by the public.
Sec. 282.057. REGISTRATION; VALIDITY. The registration of
an unmanned teller machine remains valid unless a material change
in the information disclosed in the registration of the machine as
described by Section 282.058 occurs and the operator of the machine
fails to comply with the requirements of that section.
Sec. 282.058. RELOCATION OF REGISTERED MACHINE; CHANGE IN
OPERATOR OR OCCUPANT. (a) Not later than the 30th day before the
scheduled or effective date of the applicable change described by
Subdivision (1), the operator of an unmanned teller machine
registered under this chapter shall notify the department in
writing of:
(1) a material change in the information disclosed in
the registration of the machine because of:
(A) the relocation of the machine to another
place of business or facility if a change of ownership has not
occurred;
(B) a new occupant or operator of the machine; or
(C) a new lessee or lessor of the machine; and
(2) the scheduled or effective date of the applicable
change described by Subdivision (1).
(b) Not later than the 60th day after the scheduled or
effective date of a material change in the registration of an
unmanned teller machine described by Subsection (a)(1), the
operator of the machine must:
(1) file a new application for registration of the
machine under Section 282.053 if the change occurs because of
Subsection (a)(1)(B) or (C); or
(2) submit a request for written approval of the
transfer of the registration under Section 282.059 if the change
occurs because of Subsection (a)(1)(A).
(c) If the operator required to file a new application or
submit a request for transfer approval under Subsection (b) fails
to do so within the time prescribed by that subsection, the operator
must uninstall and cease operation of the machine, unless the
department grants the operator an extension of time.
Sec. 282.059. TRANSFER OF REGISTRATION. (a) An unmanned
teller machine registration may be transferred following a
relocation of the machine described by Section 282.058(a)(1)(A)
only with the written approval of the department.
(b) The finance commission by rule may prescribe
registration transfer procedures and may prescribe forms to be used
for issuance of new registration stickers.
Sec. 282.060. OPERATION OF MACHINE WITHOUT REGISTRATION
STICKER PROHIBITED. (a) Except as otherwise provided by this
chapter, an operator of an unmanned teller machine subject to
registration violates this chapter if the operator places the
machine in operation without a valid registration sticker.
(b) Except as otherwise provided by this chapter, an
occupant violates this chapter if the occupant permits an unmanned
teller machine subject to registration to be placed in the premises
of a business establishment or facility owned or operated by the
occupant without a valid registration sticker.
SUBCHAPTER C. ENFORCEMENT
Sec. 282.101. CIVIL PENALTY; INJUNCTIVE RELIEF. (a) A
person that violates this chapter or a rule adopted under this
chapter is liable to this state for a civil penalty in an amount of
not less than $50 or more than $500 for each violation. Each day of a
continuing violation is a separate violation. The amount of the
civil penalty imposed under this subsection may not exceed $2,000
in the aggregate for the violation and all violations of a similar
nature.
(b) The attorney general may bring an action in the name of
this state against a person that violates this chapter or a rule
adopted under this chapter for:
(1) injunctive relief;
(2) recovery of a civil penalty imposed under this
section; or
(3) both injunctive relief and a civil penalty.
(c) An action under this section may be brought in a
district court in:
(1) Travis County; or
(2) a county in which any part of the violation or
threatened violation occurs.
SECTION 2. (a) Not later than January 1, 2022, the Finance
Commission of Texas shall adopt rules to administer and implement
Chapter 282, Finance Code, as added by this Act, including rules to
establish the unmanned teller machine registry required by Section
282.051, Finance Code, as added by this Act.
(b) Notwithstanding Chapter 282, Finance Code, as added by
this Act, an operator of an unmanned teller machine that is subject
to registration under that chapter and that was not in operation on
or before the effective date of this Act is not required to file an
application to register the unmanned teller machine until January
1, 2022.
(c) Notwithstanding any other provision of this Act, the
operator of an unmanned teller machine that was in operation before
the effective date of this Act and is subject to the registration
requirements of Chapter 282, Finance Code, as added by this Act,
must file an application to register the machine in accordance with
that chapter not later than January 1, 2023.
SECTION 3. (a) Except as provided by Subsection (b) of this
section, this Act takes effect September 1, 2021.
(b) Section 282.101, Finance Code, as added by this Act,
takes effect January 1, 2023.