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Texas Business & Commerce Code - Section 4.212. Presentment By Notice Of Item Not Payable By, Through Or At A Bank; Liability Of Drawer Or Indorser

Legal Research Home > Texas Lawyer > Business & Commerce Code > Texas Business & Commerce Code - Section 4.212. Presentment By Notice Of Item Not Payable By, Through Or At A Bank; Liability Of Drawer Or Indorser

§ 4.212. PRESENTMENT BY NOTICE OF ITEM NOT PAYABLE BY, 
THROUGH OR AT A BANK;  LIABILITY OF DRAWER OR INDORSER.  (a) Unless 
otherwise instructed, a collecting bank may present an item not 
payable by, through, or at a bank by sending to the party to accept 
or pay a record providing notice that the bank holds the item for 
acceptance or payment.  The notice must be sent in time to be 
received on or before the day when presentment is due, and the bank 
must meet any requirement of the party to accept or pay under 
Section 3.501 by the close of the bank's next banking day after it 
knows of the requirement.
	(b)  If presentment is made by notice and payment, 
acceptance, or request for compliance with a requirement under 
Section 3.501 is not received by the close of business on the day 
after maturity or, in the case of demand items, by the close of 
business on the third banking day after notice was sent, the 
presenting bank may treat the item as dishonored and charge any 
drawer or indorser by sending it notice of the facts.

Acts 1967, 60th Leg., p. 2343, ch. 785, § 1, eff. Sept. 1, 1967.  
Renumbered from § 4.210 and amended by Acts 1995, 74th Leg., ch. 
921, § 4, eff. Jan. 1, 1996;  Acts 2005, 79th Leg., ch. 95, § 
18, eff. Sept. 1, 2005.

Last modified: August 10, 2007