Texas 2021 - 87th Regular

Texas House Bill HB2629 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		87R18667 JES-F
2		-	By: Thompson of Harris, Jetton, et al. H.B. No. 2629
	2	+	By: Thompson of Harris H.B. No. 2629
	3	+	Substitute the following for H.B. No. 2629:
	4	+	By: Perez C.S.H.B. No. 2629
3	5
4	6
5	7		A BILL TO BE ENTITLED
6	8		AN ACT
7	9		relating to the establishment of a registry for and requiring the
8	10		registration of certain unmanned teller machines; imposing a fee;
9	11		providing a civil penalty.
10	12		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	13		SECTION 1. Subtitle Z, Title 3, Finance Code, is amended by
12	14		adding Chapter 282 to read as follows:
13	15		CHAPTER 282. REGISTRATION OF UNMANNED TELLER MACHINES
14	16		SUBCHAPTER A. GENERAL PROVISIONS
15	17		Sec. 282.001. DEFINITIONS. In this chapter:
16	18		(1) "Department" means the Texas Department of
17	19		Banking.
18	20		(2) "Finance commission" means the Finance Commission
19	21		of Texas.
20	22		(3) "Financial institution" has the meaning assigned
21	23		by Section 201.101.
22	24		(4) "Occupant," with respect to an unmanned teller
23	25		machine, means a person who permits the public to access and use the
24	26		machine on the premises of a business establishment or facility
25	27		owned or operated by the person.
26	28		(5) "Operator," with respect to an unmanned teller
27	29		machine, means a person that owns, leases, operates, or maintains
28	30		the machine for public use on the premises of a business
29	31		establishment or facility owned or occupied by that person or
30	32		another person.
31	33		(6) "Registration sticker" means the sticker issued
32	34		under Section 282.055(b) that is required to be placed on an
33	35		unmanned teller machine as proof of the machine's registration
34	36		under this chapter.
35	37		(7) "Unmanned teller machine" has the meaning assigned
36	38		by Section 59.301.
37	39		Sec. 282.002. INAPPLICABILITY OF CHAPTER TO CERTAIN
38	40		UNMANNED TELLER MACHINES. This chapter does not apply to an
39	41		unmanned teller machine that is:
40	42		(1) installed, maintained, owned, leased, or operated
41	43		by, or at the direction of, a financial institution or an affiliate
42	44		of a financial institution;
43	45		(2) located or operated in another state; or
44	46		(3) not available for public use.
45	47		Sec. 282.003. RULES. The finance commission shall adopt
46	48		rules necessary to administer, implement, and enforce this chapter.
47	49		SUBCHAPTER B. REGISTRATION OF UNMANNED TELLER MACHINES; REGISTRY
48	50		Sec. 282.051. UNMANNED TELLER MACHINE REGISTRY. (a) The
49	51		department shall establish and maintain on the department's
50	52		Internet website an online registry of unmanned teller machines
51	53		required to be registered under this chapter.
52	54		(b) The department shall update the registry at least
53	55		quarterly.
54	56		Sec. 282.052. REGISTRATION OF CERTAIN UNMANNED TELLER
55	57		MACHINES REQUIRED. Before operating an unmanned teller machine in
56	58		this state, the operator of the machine must:
57	59		(1) register the machine; and
58	60		(2) place a valid registration sticker on the machine.
59	61		Sec. 282.053. APPLICATION FOR REGISTRATION. (a) To
60	62		register an unmanned teller machine, the operator of the machine
61	63		must file an application with the department in accordance with
62	64		this chapter.
63	65		(b) An operator may apply to register one or more unmanned
64	66		teller machines in the same application.
65	67		(c) The registration application must:
66	68		(1) be in writing and notarized;
67	69		(2) be completed by the operator of the machine;
68	70		(3) include for each unmanned teller machine the
69	71		operator is applying to register:
70	72		(A) the name, address, and telephone number of
71	73		the facility or place of business where the unmanned teller machine
72	74		will be located;
73	75		(B) the name, address, and telephone number of
74	76		the occupant;
75	77		(C) the name, address, and telephone number of
76	78		the operator;
77	79		(D) the unmanned teller machine equipment
78	80		information, including the quantity, equipment make, equipment
79	81		model, and machine identification or serial number;
80	82		(E) a copy of each agreement used or intended to
81	83		be used by the operator relating to the operation of the unmanned
82	84		teller machine; and
83	85		(F) any other relevant information that may be
84	86		required by the department; and
85	87		(4) except as provided by Subsection (d), be
86	88		accompanied by the application fee under Section 282.054.
87	89		(d) The department may not charge an application fee for the
88	90		filing of a new application for an unmanned teller machine
89	91		following a material change in the registration described by
90	92		Section 282.058(a)(1)(B) or (C).
91	93		Sec. 282.054. APPLICATION FEE. (a) The finance commission
92	94		by rule shall impose a fee for filing a registration application
93	95		under Section 282.053.
94	96		(b) The application fee must be in an amount:
95	97		(1) that is at least $5 but not more than $25 for each
96	98		unmanned teller machine being registered;
97	99		(2) not to exceed a total of $200, regardless of the
98	100		number of unmanned teller machines being registered; and
99	101		(3) sufficient to cover the costs of the department in
100	102		carrying out the department's duties under this chapter.
101	103		Sec. 282.055. APPROVAL OR DENIAL OF REGISTRATION;
102	104		REGISTRATION STICKER. (a) Not later than the 90th day after the
103	105		date an application for registration is filed under Section
104	106		282.053, the department shall make a determination regarding
105	107		whether to approve or deny the application. The department shall
106	108		approve the application if the application is accurate, complete,
107	109		and complies with Section 282.053.
108	110		(b) If the department approves the application, the
109	111		department shall notify the applicant of the approval and issue the
110	112		applicant a registration sticker for each unmanned teller machine
111	113		the applicant is applying to register. If the department
112	114		determines that the application is incomplete, inaccurate, or does
113	115		not comply with Section 282.053, the department shall deny the
114	116		application and notify the applicant of the reasons for denial.
115	117		(c) An application for registration that is accurate,
116	118		complete, and complies with Section 282.053 and has not been
117	119		approved or denied before the 91st day after the date the department
118	120		receives the application is considered approved for purposes of
119	121		this chapter. An operator's proof of submission of an application
120	122		described by this subsection satisfies the requirement of this
121	123		chapter to display a registration sticker for each unmanned teller
122	124		machine included in the application until the date on which the
123	125		operator is issued a registration sticker for the machine.
124	126		(d) An operator that has submitted an application
125	127		considered approved under Subsection (c) because of the
126	128		department's failure to approve or deny the application within the
127	129		period prescribed by that subsection may install and operate each
128	130		of the machines listed for registration until the date on which the
129	131		department denies the application, if ever, or the operator fails
130	132		to comply with the requirements of Section 282.058.
131	133		(e) If an application for registration considered approved
132	134		under Subsection (c) is denied at any time by the department, the
133	135		operator must uninstall and cease the operation of each unmanned
134	136		teller machine operating under that approval until the date an
135	137		application for registration of the unmanned teller machine
136	138		receives the department's approval, if ever.
137	139		(f) The department has the sole discretion to determine
138	140		whether a submitted application is accurate and complete for
139	141		purposes of this section.
140	142		Sec. 282.056. FORM AND CONTENTS OF REGISTRATION STICKER.
141	143		(a) The finance commission by rule shall determine the size,
142	144		design, display location, and technology used for a registration
143	145		sticker.
144	146		(b) The registration sticker, at a minimum, must include:
145	147		(1) the unmanned teller machine's identification or
146	148		serial number;
147	149		(2) the name, address, and telephone number of the
148	150		facility or place of business where the unmanned teller machine is
149	151		located;
150	152		(3) the name, address, and telephone number of the
151	153		occupant;
152	154		(4) the name, address, and telephone number of the
153	155		operator; and
154	156		(5) the date of issuance of the registration.
155	157		(c) An operator shall display the registration sticker
156	158		issued for each unmanned teller machine in the manner prescribed by
157	159		finance commission rule. The rules of the finance commission must
158	160		ensure that the registration sticker be displayed in a manner that
159	161		is plainly visible and readable by the public.
160	162		Sec. 282.057. REGISTRATION; VALIDITY. The registration of
161	163		an unmanned teller machine remains valid unless a material change
162	164		in the information disclosed in the registration of the machine as
163	165		described by Section 282.058 occurs and the operator of the machine
164	166		fails to comply with the requirements of that section.
165	167		Sec. 282.058. RELOCATION OF REGISTERED MACHINE; CHANGE IN
166	168		OPERATOR OR OCCUPANT. (a) Not later than the 30th day before the
167	169		scheduled or effective date of the applicable change described by
168	170		Subdivision (1), the operator of an unmanned teller machine
169	171		registered under this chapter shall notify the department in
170	172		writing of:
171	173		(1) a material change in the information disclosed in
172	174		the registration of the machine because of:
173	175		(A) the relocation of the machine to another
174	176		place of business or facility if a change of ownership has not
175	177		occurred;
176	178		(B) a new occupant or operator of the machine; or
177	179		(C) a new lessee or lessor of the machine; and
178	180		(2) the scheduled or effective date of the applicable
179	181		change described by Subdivision (1).
180	182		(b) Not later than the 60th day after the scheduled or
181	183		effective date of a material change in the registration of an
182	184		unmanned teller machine described by Subsection (a)(1), the
183	185		operator of the machine must:
184	186		(1) file a new application for registration of the
185	187		machine under Section 282.053 if the change occurs because of
186	188		Subsection (a)(1)(B) or (C); or
187	189		(2) submit a request for written approval of the
188	190		transfer of the registration under Section 282.059 if the change
189	191		occurs because of Subsection (a)(1)(A).
190	192		(c) If the operator required to file a new application or
191	193		submit a request for transfer approval under Subsection (b) fails
192	194		to do so within the time prescribed by that subsection, the operator
193	195		must uninstall and cease operation of the machine, unless the
194	196		department grants the operator an extension of time.
195	197		Sec. 282.059. TRANSFER OF REGISTRATION. (a) An unmanned
196	198		teller machine registration may be transferred following a
197	199		relocation of the machine described by Section 282.058(a)(1)(A)
198	200		only with the written approval of the department.
199	201		(b) The finance commission by rule may prescribe
200	202		registration transfer procedures and may prescribe forms to be used
201	203		for issuance of new registration stickers.
202	204		Sec. 282.060. OPERATION OF MACHINE WITHOUT REGISTRATION
203	205		STICKER PROHIBITED. (a) Except as otherwise provided by this
204	206		chapter, an operator of an unmanned teller machine subject to
205	207		registration violates this chapter if the operator places the
206	208		machine in operation without a valid registration sticker.
207	209		(b) Except as otherwise provided by this chapter, an
208	210		occupant violates this chapter if the occupant permits an unmanned
209	211		teller machine subject to registration to be placed in the premises
210	212		of a business establishment or facility owned or operated by the
211	213		occupant without a valid registration sticker.
212	214		SUBCHAPTER C. ENFORCEMENT
213	215		Sec. 282.101. CIVIL PENALTY; INJUNCTIVE RELIEF. (a) A
214	216		person that violates this chapter or a rule adopted under this
215	217		chapter is liable to this state for a civil penalty in an amount of
216	218		not less than $50 or more than $500 for each violation. Each day of a
217	219		continuing violation is a separate violation. The amount of the
218	220		civil penalty imposed under this subsection may not exceed $2,000
219	221		in the aggregate for the violation and all violations of a similar
220	222		nature.
221	223		(b) The attorney general may bring an action in the name of
222	224		this state against a person that violates this chapter or a rule
223	225		adopted under this chapter for:
224	226		(1) injunctive relief;
225	227		(2) recovery of a civil penalty imposed under this
226	228		section; or
227	229		(3) both injunctive relief and a civil penalty.
228	230		(c) An action under this section may be brought in a
229	231		district court in:
230	232		(1) Travis County; or
231	233		(2) a county in which any part of the violation or
232	234		threatened violation occurs.
233	235		SECTION 2. (a) Not later than January 1, 2022, the Finance
234	236		Commission of Texas shall adopt rules to administer and implement
235	237		Chapter 282, Finance Code, as added by this Act, including rules to
236	238		establish the unmanned teller machine registry required by Section
237	239		282.051, Finance Code, as added by this Act.
238	240		(b) Notwithstanding Chapter 282, Finance Code, as added by
239	241		this Act, an operator of an unmanned teller machine that is subject
240	242		to registration under that chapter and that was not in operation on
241	243		or before the effective date of this Act is not required to file an
242	244		application to register the unmanned teller machine until January
243	245		1, 2022.
244	246		(c) Notwithstanding any other provision of this Act, the
245	247		operator of an unmanned teller machine that was in operation before
246	248		the effective date of this Act and is subject to the registration
247	249		requirements of Chapter 282, Finance Code, as added by this Act,
248	250		must file an application to register the machine in accordance with
249	251		that chapter not later than January 1, 2023.
250	252		SECTION 3. (a) Except as provided by Subsection (b) of this
251	253		section, this Act takes effect September 1, 2021.
252	254		(b) Section 282.101, Finance Code, as added by this Act,
253	255		takes effect January 1, 2023.