Texas Business & Commerce Code - Section 35.62. Deletion Of Certain Electronic Records Concerning A Customer Who Issues A Check
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§ 35.62. DELETION OF CERTAIN ELECTRONIC RECORDS
CONCERNING A CUSTOMER WHO ISSUES A CHECK. (a) This section applies
only to a business that accepts checks from customers in the
ordinary course of business.
(b) A business shall delete any electronic record
indicating that a customer has issued a dishonored check or any
other information except for the checking account number or bank
routing transit number on which the business bases a refusal to
accept a check from a customer not later than the 30th day after the
date:
(1) the customer and the business agree that the
information contained in the electronic record is incorrect; or
(2) the customer presents to the business:
(A) a report filed by the customer with a law
enforcement agency stating that the dishonored check was
unauthorized; and
(B) a written notice from the customer that the
dishonored check was unauthorized.
(c) A business that violates Subsection (b) is liable to the
state for a civil penalty of up to $1,000. The attorney general may
sue to collect the penalty.
(d) The attorney general may recover reasonable expenses
incurred in obtaining a civil penalty under Subsection (c),
including court costs, reasonable attorney's fees, investigative
costs, witness fees, and deposition expenses.
(e) In this section, "law enforcement agency" has the
meaning assigned by Article 59.01, Code of Criminal Procedure.
(f) This section does not apply to a financial institution
as defined by 31 U.S.C. Section 5312(a)(2), as amended.
Added by Acts 2005, 79th Leg., ch. 984, § 1, eff. Sept. 1, 2005.
Section: 35.581 35.581 35.585 35.59 35.591 35.60 35.61 35.62 35.71 35.72 35.721 35.722 35.73 35.74 35.81
Last modified: August 10, 2007
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