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Texas Business & Commerce Code - Section 4.301. Deferred Posting; Recovery Of Payment By Return Of Items; Time Of Dishonor; Return Of Items By Payor Bank

Legal Research Home > Texas Lawyer > Business & Commerce Code > Texas Business & Commerce Code - Section 4.301. Deferred Posting; Recovery Of Payment By Return Of Items; Time Of Dishonor; Return Of Items By Payor Bank

§ 4.301. DEFERRED POSTING;  RECOVERY OF PAYMENT BY RETURN 
OF ITEMS;  TIME OF DISHONOR;  RETURN OF ITEMS BY PAYOR BANK.  (a) If 
a payor bank settles for a demand item other than a documentary 
draft presented otherwise than for immediate payment over the 
counter before midnight of the banking day of receipt, the payor 
bank may revoke the settlement and recover the settlement if, 
before it has made final payment and before its midnight deadline, 
it:
		(1)  returns the item;                                                        
		(2)  returns an image of the item, if the party to which 
the return is made has entered into an agreement to accept an image 
as a return of the item, and the image is returned in accordance 
with that agreement;  or
		(3)  sends a record providing notice of dishonor or 
nonpayment if the item is unavailable for return.
	(b)  If a demand item is received by a payor bank for credit 
on its books, it may return the item or send notice of dishonor and 
may revoke any credit given or recover the amount thereof withdrawn 
by its customer, if it acts within the time limit and in the manner 
specified in Subsection (a).
	(c)  Unless previous notice of dishonor has been sent, an 
item is dishonored at the time when for purposes of dishonor it is 
returned or notice sent in accordance with this section.
	(d)  An item is returned:                                                      
		(1)  as to an item presented through a clearing house, 
when it is delivered to the presenting or last collecting bank or to 
the clearing house or is sent or delivered in accordance with 
clearing-house rules;  or
		(2)  in all other cases, when it is sent or delivered to 
the bank's customer or transferor or pursuant to instructions.

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 2005, 79th Leg., ch. 95, § 19, eff. Sept. 1, 2005.

Last modified: August 10, 2007