Texas Business & Commerce Code - Section 35.395. Delivery Of Check Form
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§ 35.395. DELIVERY OF CHECK FORM. (a) In this section:
(1) "Addressee" means a person to whom a check form is
sent.
(2) "Check form" means a device for the transmission
or payment of money that:
(A) is not a negotiable instrument under Section
3.104;
(B) if completed would be a check as that term is
described by Section 3.104; and
(C) is printed with information relating to the
financial institution on which the completed check may be drawn.
(3) "Courier" means any entity that delivers parcels
for a fee.
(4) "Check form provider" means a business that
provides check forms to a customer for a personal or business
account.
(b) When an addressee requests of a check form provider,
courier delivery of a check form with signature required, and such
service is available in the delivery area of the addressee, the
entity making the arrangement for courier delivery pursuant to the
request of the addressee must provide the addressee with the option
to require that a signature of the addressee, or the representative
of the addressee, be obtained on delivery. The option to require
such a signature may be provided on a printed check form order form,
on an electronic check form order form where check form orders are
offered on the Internet, to an electronic mail address established
for such purpose by the entity making the offer, or by another
method reasonably calculated to effectively communicate the
addressee's intent.
(c) An entity making the arrangement for the courier
delivery of a check form to an addressee pursuant to the provisions
of Subsection (b) shall notify the courier of the check form that
the signature of the addressee is required for delivery under
Subsection (b).
(d) If the addressee suffers a pecuniary loss through the
use of check forms stolen at the time of delivery to the addressee,
a civil penalty of up to a maximum amount of $1,000 per delivery may
be levied upon:
(1) an entity that violates Subsection (b) or (c); or
(2) a courier who is properly notified under
Subsection (c) that a signature is required for delivery, and
delivers the check form without obtaining a signature of the
addressee or a representative of the addressee.
(e) The attorney general may bring suit to recover a civil
penalty imposed under this section. The attorney general may
recover reasonable expenses incurred in obtaining a civil penalty
under this subsection, including court costs, reasonable
attorney's fees, investigative costs, witness fees, and deposition
expenses.
Added by Acts 2005, 79th Leg., ch. 1202, § 1, eff. June 1, 2006.
Section: 35.28 35.29 35.30 35.31 35.32 35.33 35.39 35.395 35.40 35.41 35.42 35.44 35.45 35.455 35.46
Last modified: August 10, 2007
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