Bill Text: TX HB1333 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to a request for a customer record of a financial institution for guardianship purposes.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2015-04-27 - Withdrawn from schedule [HB1333 Detail]
Download: Texas-2015-HB1333-Introduced.html
| 84R1653 CLG-D | ||
| By: Naishtat | H.B. No. 1333 | |
|
|
||
|
|
||
| relating to a request for a customer record of a financial | ||
| institution for guardianship purposes. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 59.006(a), Finance Code, is amended to | ||
| read as follows: | ||
| (a) This section provides the exclusive method for | ||
| compelled discovery of a record of a financial institution relating | ||
| to one or more customers but does not create a right of privacy in a | ||
| record. This section does not apply to and does not require or | ||
| authorize a financial institution to give a customer notice of: | ||
| (1) a demand or inquiry from a state or federal | ||
| government agency authorized by law to conduct an examination of | ||
| the financial institution; | ||
| (2) a record request from a state or federal | ||
| government agency or instrumentality under statutory or | ||
| administrative authority that provides for, or is accompanied by, a | ||
| specific mechanism for discovery and protection of a customer | ||
| record of a financial institution, including a record request from | ||
| a federal agency subject to the Right to Financial Privacy Act of | ||
| 1978 (12 U.S.C. Section 3401 et seq.), as amended, or from the | ||
| Internal Revenue Service under Section 1205, Internal Revenue Code | ||
| of 1986; | ||
| (3) a record request from or report to a government | ||
| agency arising out of: | ||
| (A) the investigation or prosecution of a | ||
| criminal offense; | ||
| (B) the investigation of alleged abuse, neglect, | ||
| or exploitation of an elderly or disabled person in accordance with | ||
| Chapter 48, Human Resources Code; or | ||
| (C) the assessment for or provision of | ||
| guardianship services under Subchapter E, Chapter 161, Human | ||
| Resources Code; | ||
| (4) a record request in connection with a garnishment | ||
| proceeding in which the financial institution is garnishee and the | ||
| customer is debtor; | ||
| (5) a record request by a duly appointed receiver for | ||
| the customer; | ||
| (6) an investigative demand or inquiry from a state | ||
| legislative investigating committee; | ||
| (7) an investigative demand or inquiry from the | ||
| attorney general of this state as authorized by law other than the | ||
| procedural law governing discovery in civil cases; [ |
||
| (8) the voluntary use or disclosure of a record by a | ||
| financial institution subject to other applicable state or federal | ||
| law; or | ||
| (9) a record request in connection with an | ||
| investigation conducted under Section 1054.151, 1054.152, or | ||
| 1102.001, Estates Code. | ||
| SECTION 2. This Act takes effect September 1, 2015. | ||
