Texas 2023 - 88th Regular

Texas Senate Bill SB337 Compare Versions

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1	1	88R3365 JES-F
2	2	By: Zaffirini S.B. No. 337
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the establishment of a registry for and requiring the
8	8	registration of certain unmanned teller machines; imposing a fee;
9	9	providing a civil penalty.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle Z, Title 3, Finance Code, is amended by
12	12	adding Chapter 282 to read as follows:
13	13	CHAPTER 282. REGISTRATION OF UNMANNED TELLER MACHINES
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 282.001. DEFINITIONS. In this chapter:
16	16	(1) "Department" means the Texas Department of
17	17	Banking.
18	18	(2) "Finance commission" means the Finance Commission
19	19	of Texas.
20	20	(3) "Financial institution" has the meaning assigned
21	21	by Section 201.101.
22	22	(4) "Occupant," with respect to an unmanned teller
23	23	machine, means a person that permits the public to access and use
24	24	the machine on the premises of a business establishment or facility
25	25	owned or operated by the person.
26	26	(5) "Operator," with respect to an unmanned teller
27	27	machine, means a person that owns, leases, operates, or maintains
28	28	the machine for public use on the premises of a business
29	29	establishment or facility owned or occupied by that person or
30	30	another person.
31	31	(6) "Registration sticker" means the sticker issued
32	32	under Section 282.055(b) that is required to be placed on an
33	33	unmanned teller machine as proof of the machine's registration
34	34	under this chapter.
35	35	(7) "Unmanned teller machine" has the meaning assigned
36	36	by Section 59.301.
37	37	Sec. 282.002. INAPPLICABILITY OF CHAPTER TO CERTAIN
38	38	UNMANNED TELLER MACHINES. This chapter does not apply to an
39	39	unmanned teller machine that is:
40	40	(1) installed, maintained, owned, leased, or operated
41	41	by, or at the direction of, a financial institution or an affiliate
42	42	of a financial institution;
43	43	(2) located or operated in another state; or
44	44	(3) not available for public use.
45	45	Sec. 282.003. RULES. The finance commission shall adopt
46	46	rules necessary to administer, implement, and enforce this chapter.
47	47	SUBCHAPTER B. REGISTRATION OF UNMANNED TELLER MACHINES; REGISTRY
48	48	Sec. 282.051. UNMANNED TELLER MACHINE REGISTRY. (a) The
49	49	department shall establish and maintain on the department's
50	50	Internet website an online registry of unmanned teller machines
51	51	required to be registered under this chapter.
52	52	(b) The department shall update the registry at least
53	53	quarterly.
54	54	Sec. 282.052. REGISTRATION OF CERTAIN UNMANNED TELLER
55	55	MACHINES REQUIRED. Before operating an unmanned teller machine in
56	56	this state, the operator of the machine must:
57	57	(1) register the machine; and
58	58	(2) place a valid registration sticker on the machine.
59	59	Sec. 282.053. APPLICATION FOR REGISTRATION. (a) To
60	60	register an unmanned teller machine, the operator of the machine
61	61	must file an application with the department in accordance with
62	62	this chapter.
63	63	(b) An operator may apply to register one or more unmanned
64	64	teller machines in the same application.
65	65	(c) The registration application must:
66	66	(1) be in writing and notarized;
67	67	(2) be completed by the operator of the machine;
68	68	(3) include for each unmanned teller machine the
69	69	operator is applying to register:
70	70	(A) the name, address, and telephone number of
71	71	the facility or place of business where the unmanned teller machine
72	72	will be located;
73	73	(B) the name, address, and telephone number of
74	74	the occupant;
75	75	(C) the name, address, and telephone number of
76	76	the operator;
77	77	(D) the unmanned teller machine equipment
78	78	information, including the quantity, equipment make, equipment
79	79	model, and machine identification or serial number;
80	80	(E) a copy of each agreement used or intended to
81	81	be used by the operator relating to the operation of the unmanned
82	82	teller machine; and
83	83	(F) any other relevant information that may be
84	84	required by the department; and
85	85	(4) except as provided by Subsection (d), be
86	86	accompanied by the application fee under Section 282.054.
87	87	(d) The department may not charge an application fee for the
88	88	filing of a new application for an unmanned teller machine
89	89	following a material change in the registration described by
90	90	Section 282.058(a)(1)(B) or (C).
91	91	Sec. 282.054. APPLICATION FEE. (a) The finance commission
92	92	by rule shall impose a fee for filing a registration application
93	93	under Section 282.053.
94	94	(b) The application fee must be in an amount:
95	95	(1) that is at least $5 but not more than $25 for each
96	96	unmanned teller machine being registered;
97	97	(2) not to exceed a total of $200, regardless of the
98	98	number of unmanned teller machines being registered; and
99	99	(3) sufficient to cover the costs of the department in
100	100	carrying out the department's duties under this chapter.
101	101	Sec. 282.055. APPROVAL OR DENIAL OF REGISTRATION;
102	102	REGISTRATION STICKER. (a) Not later than the 90th day after the
103	103	date an application for registration is filed under Section
104	104	282.053, the department shall make a determination regarding
105	105	whether to approve or deny the application. The department shall
106	106	approve the application if the application is accurate, complete,
107	107	and complies with Section 282.053.
108	108	(b) If the department approves the application, the
109	109	department shall notify the applicant of the approval and issue the
110	110	applicant a registration sticker for each unmanned teller machine
111	111	the applicant is applying to register. If the department
112	112	determines that the application is incomplete, inaccurate, or does
113	113	not comply with Section 282.053, the department shall deny the
114	114	application and notify the applicant of the reasons for denial.
115	115	(c) An application for registration that is accurate,
116	116	complete, and complies with Section 282.053 and has not been
117	117	approved or denied before the 91st day after the date the department
118	118	receives the application is considered approved for purposes of
119	119	this chapter. An operator's proof of submission of an application
120	120	described by this subsection satisfies the requirement of this
121	121	chapter to display a registration sticker for each unmanned teller
122	122	machine included in the application until the date on which the
123	123	operator is issued a registration sticker for the machine.
124	124	(d) An operator that has submitted an application
125	125	considered approved under Subsection (c) because of the
126	126	department's failure to approve or deny the application within the
127	127	period prescribed by that subsection may install and operate each
128	128	of the machines listed for registration until the date on which the
129	129	department denies the application, if ever, or the operator fails
130	130	to comply with the requirements of Section 282.058.
131	131	(e) If an application for registration considered approved
132	132	under Subsection (c) is denied at any time by the department, the
133	133	operator must uninstall and cease the operation of each unmanned
134	134	teller machine operating under that approval until the date an
135	135	application for registration of the unmanned teller machine
136	136	receives the department's approval, if ever.
137	137	(f) The department has the sole discretion to determine
138	138	whether a submitted application is accurate and complete for
139	139	purposes of this section.
140	140	Sec. 282.056. FORM AND CONTENTS OF REGISTRATION STICKER.
141	141	(a) The finance commission by rule shall determine the size,
142	142	design, display location, and technology used for a registration
143	143	sticker.
144	144	(b) The registration sticker, at a minimum, must include:
145	145	(1) the unmanned teller machine's identification or
146	146	serial number;
147	147	(2) the name, address, and telephone number of the
148	148	facility or place of business where the unmanned teller machine is
149	149	located;
150	150	(3) the name, address, and telephone number of the
151	151	occupant;
152	152	(4) the name, address, and telephone number of the
153	153	operator; and
154	154	(5) the date of issuance of the registration.
155	155	(c) An operator shall display the registration sticker
156	156	issued for each unmanned teller machine in the manner prescribed by
157	157	finance commission rule. The rules of the finance commission must
158	158	ensure that the registration sticker be displayed in a manner that
159	159	is plainly visible and readable by the public.
160	160	Sec. 282.057. REGISTRATION; VALIDITY. The registration of
161	161	an unmanned teller machine remains valid unless a material change
162	162	in the information disclosed in the registration of the machine as
163	163	described by Section 282.058 occurs and the operator of the machine
164	164	fails to comply with the requirements of that section.
165	165	Sec. 282.058. RELOCATION OF REGISTERED MACHINE; CHANGE IN
166	166	OPERATOR OR OCCUPANT. (a) Not later than the 30th day before the
167	167	scheduled or effective date of the applicable change described by
168	168	Subdivision (1), the operator of an unmanned teller machine
169	169	registered under this chapter shall notify the department in
170	170	writing of:
171	171	(1) a material change in the information disclosed in
172	172	the registration of the machine because of:
173	173	(A) the relocation of the machine to another
174	174	place of business or facility if a change of ownership has not
175	175	occurred;
176	176	(B) a new occupant or operator of the machine; or
177	177	(C) a new lessee or lessor of the machine; and
178	178	(2) the scheduled or effective date of the applicable
179	179	change described by Subdivision (1).
180	180	(b) Not later than the 60th day after the scheduled or
181	181	effective date of a material change in the registration of an
182	182	unmanned teller machine described by Subsection (a)(1), the
183	183	operator of the machine must:
184	184	(1) file a new application for registration of the
185	185	machine under Section 282.053 if the change occurs because of
186	186	Subsection (a)(1)(B) or (C); or
187	187	(2) submit a request for written approval of the
188	188	transfer of the registration under Section 282.059 if the change
189	189	occurs because of Subsection (a)(1)(A).
190	190	(c) If the operator required to file a new application or
191	191	submit a request for transfer approval under Subsection (b) fails
192	192	to do so within the time prescribed by that subsection, the operator
193	193	must uninstall and cease operation of the machine, unless the
194	194	department grants the operator an extension of time.
195	195	Sec. 282.059. TRANSFER OF REGISTRATION. (a) An unmanned
196	196	teller machine registration may be transferred following a
197	197	relocation of the machine described by Section 282.058(a)(1)(A)
198	198	only with the written approval of the department.
199	199	(b) The finance commission by rule may prescribe
200	200	registration transfer procedures and may prescribe forms to be used
201	201	for issuance of new registration stickers.
202	202	Sec. 282.060. OPERATION OF MACHINE WITHOUT REGISTRATION
203	203	STICKER PROHIBITED. (a) Except as otherwise provided by this
204	204	chapter, an operator of an unmanned teller machine subject to
205	205	registration violates this chapter if the operator places the
206	206	machine in operation without a valid registration sticker.
207	207	(b) Except as otherwise provided by this chapter, an
208	208	occupant violates this chapter if the occupant permits an unmanned
209	209	teller machine subject to registration to be placed in the premises
210	210	of a business establishment or facility owned or operated by the
211	211	occupant without a valid registration sticker.
212	212	SUBCHAPTER C. ENFORCEMENT
213	213	Sec. 282.101. CIVIL PENALTY; INJUNCTIVE RELIEF. (a) A
214	214	person that violates this chapter or a rule adopted under this
215	215	chapter is liable to this state for a civil penalty in an amount of
216	216	not less than $50 or more than $500 for each violation. Each day of a
217	217	continuing violation is a separate violation. The amount of the
218	218	civil penalty imposed under this subsection may not exceed $2,000
219	219	in the aggregate for the violation and all violations of a similar
220	220	nature.
221	221	(b) The attorney general may bring an action in the name of
222	222	this state against a person that violates this chapter or a rule
223	223	adopted under this chapter for:
224	224	(1) injunctive relief;
225	225	(2) recovery of a civil penalty imposed under this
226	226	section; or
227	227	(3) both injunctive relief and a civil penalty.
228	228	(c) An action under this section may be brought in a
229	229	district court in:
230	230	(1) Travis County; or
231	231	(2) a county in which any part of the violation or
232	232	threatened violation occurs.
233	233	SECTION 2. (a) Not later than January 1, 2024, the Finance
234	234	Commission of Texas shall adopt rules to administer and implement
235	235	Chapter 282, Finance Code, as added by this Act, including rules to
236	236	establish the unmanned teller machine registry required by Section
237	237	282.051, Finance Code, as added by this Act.
238	238	(b) Notwithstanding Chapter 282, Finance Code, as added by
239	239	this Act, an operator of an unmanned teller machine that is subject
240	240	to registration under that chapter and that was not in operation on
241	241	or before the effective date of this Act is not required to file an
242	242	application to register the unmanned teller machine until January
243	243	1, 2024.
244	244	(c) Notwithstanding any other provision of this Act, the
245	245	operator of an unmanned teller machine that was in operation before
246	246	the effective date of this Act and is subject to the registration
247	247	requirements of Chapter 282, Finance Code, as added by this Act,
248	248	must file an application to register the machine in accordance with
249	249	that chapter not later than January 1, 2025.
250	250	SECTION 3. (a) Except as provided by Subsection (b) of this
251	251	section, this Act takes effect September 1, 2023.
252	252	(b) Section 282.101, Finance Code, as added by this Act,
253	253	takes effect January 1, 2025.