Texas Finance Code - Section 59.301. Definitions
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§ 59.301. DEFINITIONS. In this subchapter:
(1) "Access area" means a paved walkway or sidewalk
that is within 50 feet of an unmanned teller machine. The term does
not include a public right-of-way or any structure, sidewalk,
facility, or appurtenance incidental to the right-of-way.
(2) "Access device" has the meaning assigned by
Regulation E (12 C.F.R. Section 205.2), as amended, adopted under
the Electronic Fund Transfer Act (15 U.S.C. Section 1693 et seq.),
as amended.
(3) "Candlefoot power" means the light intensity of
candles on a horizontal plane at 36 inches above ground level and
five feet in front of the area to be measured.
(4) "Control" means the authority to determine how,
when, and by whom an access area or defined parking area may be
used, maintained, lighted, and landscaped.
(5) "Customer" means an individual to whom an access
device is issued for personal, family, or household use.
(6) "Defined parking area" means the portion of a
parking area open for unmanned teller machine customer parking that
is contiguous to an access area, is regularly, principally, and
lawfully used during the period beginning 30 minutes after sunset
and ending 30 minutes before sunrise for parking by customers using
the machine, and is owned or leased by the owner or operator of the
machine or owned or controlled by a person leasing the machine site
to the owner or operator of the machine. The term does not include:
(A) a parking area that is physically closed or
on which one or more conspicuous signs indicate that the area is
closed; or
(B) a level of a multiple-level parking area
other than the level considered by the operator of the unmanned
teller machine to be the most directly accessible to a customer.
(7) "Financial institution" has the meaning assigned
by Section 201.101.
(8) "Operator" means the person primarily responsible
for the operation of an unmanned teller machine.
(9) "Owner" means a person having the right to
determine which financial institutions are permitted to use or
participate in the use of an unmanned teller machine.
(10) "Unmanned teller machine" means a machine, other
than a telephone, capable of being operated solely by a customer to
communicate to a financial institution:
(A) a request to withdraw money from the
customer's account directly or under a line of credit previously
authorized by the financial institution for the customer;
(B) an instruction to deposit money in the
customer's account with the financial institution;
(C) an instruction to transfer money between one
or more accounts maintained by the customer with the financial
institution;
(D) an instruction to apply money against an
indebtedness of the customer to the financial institution; or
(E) a request for information concerning the
balance of the account of the customer with the financial
institution.
Acts 1997, 75th Leg., ch. 1008, § 1, eff. Sept. 1, 1997. Amended
by Acts 1999, 76th Leg., ch. 344, § 2.019, eff. Sept. 1, 1999.
Section: 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 59.308
Last modified: August 10, 2007
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