Texas Business & Commerce Code - Section 4.102. Applicability
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Texas Lawyer > Business & Commerce Code > Texas Business & Commerce Code - Section 4.102. Applicability
§ 4.102. APPLICABILITY. (a) To the extent that items
within this chapter are also within Chapters 3 and 8, they are
subject to those chapters. If there is conflict, this chapter
governs Chapter 3, but Chapter 8 governs this chapter.
(b) The liability of a bank for action or non-action with
respect to an item handled by it for purposes of presentment,
payment, or collection is governed by the law of the place where the
bank is located. In the case of action or non-action by or at a
branch or separate office of a bank, its liability is governed by
the law of the place where the branch or separate office is located.
(c) Notwithstanding Section 1.301, the laws of this state
govern a deposit contract between a bank and a consumer account
holder if the branch or separate office of the bank that accepts the
deposit contract is located in this state. For purposes of this
subsection, "consumer account holder" means a natural person who
holds a deposit account primarily for personal, family, or
household purposes but does not include a natural person who holds
an account for another in a professional capacity.
Acts 1967, 60th Leg., p. 2343, ch. 785, § 1, eff. Sept. 1, 1967.
Amended by Acts 1995, 74th Leg., ch. 921, § 4, eff. Jan. 1, 1996;
Acts 1999, 76th Leg., ch. 344, § 5.001, eff. Sept. 1, 1999; Acts
2003, 78th Leg., ch. 542, § 11, eff. Sept. 1, 2003.
Section: 3.506 3.601 3.602 3.603 3.604 3.605 4.101 4.102 4.103 4.104 4.105 4.106 4.107 4.108 4.109
Last modified: August 10, 2007
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