Texas Finance Code - Section 59.202. User Fee For Shared Electronic Terminal
Legal Research Home >
Texas Lawyer > Finance Code > Texas Finance Code - Section 59.202. User Fee For Shared Electronic Terminal
§ 59.202. USER FEE FOR SHARED ELECTRONIC TERMINAL. (a)
The owner of an electronic terminal that is located in this state
and that is connected to a shared network may impose a fee for the
use of that terminal if imposition of the fee is disclosed at a time
and in a manner that allows a user to avoid the transaction without
incurring the transaction fee.
(b) An agreement to share an electronic terminal may not:
(1) limit the right of the owner of an electronic
terminal to charge a fee described by Subsection (a) as allowed by
the law of this state or the United States;
(2) require the owner to limit or waive its rights or
obligations under this section; or
(3) otherwise discriminate in any manner against the
owner as a result of the owner's charging of a fee authorized under
this section.
(c) In this section:
(1) "Electronic fund transfer" means any transfer of
money, other than a transaction originated by check, draft, or
similar paper instrument, that is initiated through an electronic
terminal and orders, instructs, or authorizes a financial
institution to debit or credit an account. The term includes a
point-of-sale transfer, an unmanned teller machine transaction,
and a cash dispensing machine transaction.
(2) "Electronic terminal" means an electronic device,
other than a telephone, through which a consumer may initiate an
electronic fund transfer. The term includes a point-of-sale
terminal, an unmanned teller machine, and a cash dispensing
machine.
(3) "Financial institution" has the meaning assigned
by Section 201.101.
(4) "Shared network" means an electronic information
communication and processing facility used by two or more owners of
electronic terminals to receive, transmit, or retransmit
electronic impulses or other electronic indicia of transactions,
originating at electronic terminals, to financial institutions or
to other transmission facilities for the purpose of:
(A) the withdrawal by a customer of money from
the customer's account, including a withdrawal under a line of
credit previously authorized by a financial institution for the
customer;
(B) the deposit of money by a customer in the
customer's account with a financial institution;
(C) the transfer of money by a customer between
one or more accounts maintained by the customer with a financial
institution, including the application of money against an
indebtedness of the customer to the financial institution; or
(D) a request for information by a customer
concerning the balance of the customer's account with a financial
institution.
Acts 1997, 75th Leg., ch. 1008, § 1, eff. Sept. 1, 1997. Amended
by Acts 1999, 76th Leg., ch. 344, § 2.018, eff. Sept. 1, 1999.
Section: 59.105 59.106 59.107 59.108 59.109 59.110 59.201 59.202 59.301 59.302 59.303 59.304 59.305 59.306 59.307
Last modified: August 10, 2007
|
