Bill Text: TX HB2303 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to a request for a customer record of a financial institution for guardianship purposes.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-04-30 - Committee report sent to Calendars [HB2303 Detail]
Download: Texas-2013-HB2303-Introduced.html
83R10296 CLG-F | ||
By: Rodriguez of Travis | H.B. No. 2303 |
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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 the investigation or prosecution of a | ||
criminal offense or the investigation of alleged abuse, neglect, or | ||
exploitation of an elderly or disabled person in accordance with | ||
Chapter 48, 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; [ |
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(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 January 1, 2014. |