Bill Text: TX HB2629 | 2021-2022 | 87th Legislature | Comm Sub


Bill Title: Relating to the establishment of a registry for and requiring the registration of certain unmanned teller machines; imposing a fee; providing a civil penalty.

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Introduced) 2021-05-13 - Passed to engrossment [HB2629 Detail]

Download: Texas-2021-HB2629-Comm_Sub.html
  87R18667 JES-F
 
  By: Thompson of Harris H.B. No. 2629
 
  Substitute the following for H.B. No. 2629:
 
  By:  Perez C.S.H.B. No. 2629
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the establishment of a registry for and requiring the
  registration of certain unmanned teller machines; imposing a fee;
  providing a civil penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle Z, Title 3, Finance Code, is amended by
  adding Chapter 282 to read as follows:
  CHAPTER 282.  REGISTRATION OF UNMANNED TELLER MACHINES
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 282.001.  DEFINITIONS. In this chapter:
               (1)  "Department" means the Texas Department of
  Banking.
               (2)  "Finance commission" means the Finance Commission
  of Texas.
               (3)  "Financial institution" has the meaning assigned
  by Section 201.101.
               (4)  "Occupant," with respect to an unmanned teller
  machine, means a person who permits the public to access and use the
  machine on the premises of a business establishment or facility
  owned or operated by the person.
               (5)  "Operator," with respect to an unmanned teller
  machine, means a person that owns, leases, operates, or maintains
  the machine for public use on the premises of a business
  establishment or facility owned or occupied by that person or
  another person.
               (6)  "Registration sticker" means the sticker issued
  under Section 282.055(b) that is required to be placed on an
  unmanned teller machine as proof of the machine's registration
  under this chapter.
               (7)  "Unmanned teller machine" has the meaning assigned
  by Section 59.301.
         Sec. 282.002.  INAPPLICABILITY OF CHAPTER TO CERTAIN
  UNMANNED TELLER MACHINES. This chapter does not apply to an
  unmanned teller machine that is:
               (1)  installed, maintained, owned, leased, or operated
  by, or at the direction of, a financial institution or an affiliate
  of a financial institution;
               (2)  located or operated in another state; or
               (3)  not available for public use.
         Sec. 282.003.  RULES. The finance commission shall adopt
  rules necessary to administer, implement, and enforce this chapter.
  SUBCHAPTER B.  REGISTRATION OF UNMANNED TELLER MACHINES; REGISTRY
         Sec. 282.051.  UNMANNED TELLER MACHINE REGISTRY. (a)  The
  department shall establish and maintain on the department's
  Internet website an online registry of unmanned teller machines
  required to be registered under this chapter.
         (b)  The department shall update the registry at least
  quarterly.
         Sec. 282.052.  REGISTRATION OF CERTAIN UNMANNED TELLER
  MACHINES REQUIRED. Before operating an unmanned teller machine in
  this state, the operator of the machine must:
               (1)  register the machine; and
               (2)  place a valid registration sticker on the machine.
         Sec. 282.053.  APPLICATION FOR REGISTRATION. (a)  To
  register an unmanned teller machine, the operator of the machine
  must file an application with the department in accordance with
  this chapter.
         (b)  An operator may apply to register one or more unmanned
  teller machines in the same application.
         (c)  The registration application must:
               (1)  be in writing and notarized;
               (2)  be completed by the operator of the machine;
               (3)  include for each unmanned teller machine the
  operator is applying to register:
                     (A)  the name, address, and telephone number of
  the facility or place of business where the unmanned teller machine
  will be located;
                     (B)  the name, address, and telephone number of
  the occupant;
                     (C)  the name, address, and telephone number of
  the operator;
                     (D)  the unmanned teller machine equipment
  information, including the quantity, equipment make, equipment
  model, and machine identification or serial number;
                     (E)  a copy of each agreement used or intended to
  be used by the operator relating to the operation of the unmanned
  teller machine; and
                     (F)  any other relevant information that may be
  required by the department; and
               (4)  except as provided by Subsection (d), be
  accompanied by the application fee under Section 282.054.
         (d)  The department may not charge an application fee for the
  filing of a new application for an unmanned teller machine
  following a material change in the registration described by
  Section 282.058(a)(1)(B) or (C).
         Sec. 282.054.  APPLICATION FEE. (a) The finance commission
  by rule shall impose a fee for filing a registration application
  under Section 282.053.
         (b)  The application fee must be in an amount:
               (1)  that is at least $5 but not more than $25 for each
  unmanned teller machine being registered;
               (2)  not to exceed a total of $200, regardless of the
  number of unmanned teller machines being registered; and
               (3)  sufficient to cover the costs of the department in
  carrying out the department's duties under this chapter.
         Sec. 282.055.  APPROVAL OR DENIAL OF REGISTRATION;
  REGISTRATION STICKER.  (a)  Not later than the 90th day after the
  date an application for registration is filed under Section
  282.053, the department shall make a determination regarding
  whether to approve or deny the application.  The department shall
  approve the application if the application is accurate, complete,
  and complies with Section 282.053.
         (b)  If the department approves the application, the
  department shall notify the applicant of the approval and issue the
  applicant a registration sticker for each unmanned teller machine
  the applicant is applying to register. If the department
  determines that the application is incomplete, inaccurate, or does
  not comply with Section 282.053, the department shall deny the
  application and notify the applicant of the reasons for denial.
         (c)  An application for registration that is accurate,
  complete, and complies with Section 282.053 and has not been
  approved or denied before the 91st day after the date the department
  receives the application is considered approved for purposes of
  this chapter.  An operator's proof of submission of an application
  described by this subsection satisfies the requirement of this
  chapter to display a registration sticker for each unmanned teller
  machine included in the application until the date on which the
  operator is issued a registration sticker for the machine.
         (d)  An operator that has submitted an application
  considered approved under Subsection (c) because of the
  department's failure to approve or deny the application within the
  period prescribed by that subsection may install and operate each
  of the machines listed for registration until the date on which the
  department denies the application, if ever, or the operator fails
  to comply with the requirements of Section 282.058.
         (e)  If an application for registration considered approved
  under Subsection (c) is denied at any time by the department, the
  operator must uninstall and cease the operation of each unmanned
  teller machine operating under that approval until the date an
  application for registration of the unmanned teller machine
  receives the department's approval, if ever.
         (f)  The department has the sole discretion to determine
  whether a submitted application is accurate and complete for
  purposes of this section.
         Sec. 282.056.  FORM AND CONTENTS OF REGISTRATION STICKER.
  (a)  The finance commission by rule shall determine the size,
  design, display location, and technology used for a registration
  sticker.
         (b)  The registration sticker, at a minimum, must include:
               (1)  the unmanned teller machine's identification or
  serial number;
               (2)  the name, address, and telephone number of the
  facility or place of business where the unmanned teller machine is
  located;
               (3)  the name, address, and telephone number of the
  occupant;
               (4)  the name, address, and telephone number of the
  operator; and
               (5)  the date of issuance of the registration.
         (c)  An operator shall display the registration sticker
  issued for each unmanned teller machine in the manner prescribed by
  finance commission rule.  The rules of the finance commission must
  ensure that the registration sticker be displayed in a manner that
  is plainly visible and readable by the public.
         Sec. 282.057.  REGISTRATION; VALIDITY.  The registration of
  an unmanned teller machine remains valid unless a material change
  in the information disclosed in the registration of the machine as
  described by Section 282.058 occurs and the operator of the machine
  fails to comply with the requirements of that section.
         Sec. 282.058.  RELOCATION OF REGISTERED MACHINE; CHANGE IN
  OPERATOR OR OCCUPANT.  (a) Not later than the 30th day before the
  scheduled or effective date of the applicable change described by
  Subdivision (1), the operator of an unmanned teller machine
  registered under this chapter shall notify the department in
  writing of:
               (1)  a material change in the information disclosed in
  the registration of the machine because of:
                     (A)  the relocation of the machine to another
  place of business or facility if a change of ownership has not
  occurred;
                     (B)  a new occupant or operator of the machine; or
                     (C)  a new lessee or lessor of the machine; and
               (2)  the scheduled or effective date of the applicable
  change described by Subdivision (1).
         (b)  Not later than the 60th day after the scheduled or
  effective date of a material change in the registration of an
  unmanned teller machine described by Subsection (a)(1), the
  operator of the machine must:
               (1)  file a new application for registration of the
  machine under Section 282.053 if the change occurs because of
  Subsection (a)(1)(B) or (C); or
               (2)  submit a request for written approval of the
  transfer of the registration under Section 282.059 if the change
  occurs because of Subsection (a)(1)(A).
         (c)  If the operator required to file a new application or
  submit a request for transfer approval under Subsection (b) fails
  to do so within the time prescribed by that subsection, the operator
  must uninstall and cease operation of the machine, unless the
  department grants the operator an extension of time.
         Sec. 282.059.  TRANSFER OF REGISTRATION. (a)  An unmanned
  teller machine registration may be transferred following a
  relocation of the machine described by Section 282.058(a)(1)(A)
  only with the written approval of the department.
         (b)  The finance commission by rule may prescribe
  registration transfer procedures and may prescribe forms to be used
  for issuance of new registration stickers.
         Sec. 282.060.  OPERATION OF MACHINE WITHOUT REGISTRATION
  STICKER PROHIBITED. (a)  Except as otherwise provided by this
  chapter, an operator of an unmanned teller machine subject to
  registration violates this chapter if the operator places the
  machine in operation without a valid registration sticker.
         (b)  Except as otherwise provided by this chapter, an
  occupant violates this chapter if the occupant permits an unmanned
  teller machine subject to registration to be placed in the premises
  of a business establishment or facility owned or operated by the
  occupant without a valid registration sticker.
  SUBCHAPTER C. ENFORCEMENT
         Sec. 282.101.  CIVIL PENALTY; INJUNCTIVE RELIEF.  (a)  A
  person that violates this chapter or a rule adopted under this
  chapter is liable to this state for a civil penalty in an amount of
  not less than $50 or more than $500 for each violation. Each day of a
  continuing violation is a separate violation.  The amount of the
  civil penalty imposed under this subsection may not exceed $2,000
  in the aggregate for the violation and all violations of a similar
  nature.
         (b)  The attorney general may bring an action in the name of
  this state against a person that violates this chapter or a rule
  adopted under this chapter for:
               (1)  injunctive relief;
               (2)  recovery of a civil penalty imposed under this
  section; or
               (3)  both injunctive relief and a civil penalty.
         (c)  An action under this section may be brought in a
  district court in:
               (1)  Travis County; or
               (2)  a county in which any part of the violation or
  threatened violation occurs.
         SECTION 2.  (a) Not later than January 1, 2022, the Finance
  Commission of Texas shall adopt rules to administer and implement
  Chapter 282, Finance Code, as added by this Act, including rules to
  establish the unmanned teller machine registry required by Section
  282.051, Finance Code, as added by this Act.
         (b)  Notwithstanding Chapter 282, Finance Code, as added by
  this Act, an operator of an unmanned teller machine that is subject
  to registration under that chapter and that was not in operation on
  or before the effective date of this Act is not required to file an
  application to register the unmanned teller machine until January
  1, 2022.
         (c)  Notwithstanding any other provision of this Act, the
  operator of an unmanned teller machine that was in operation before
  the effective date of this Act and is subject to the registration
  requirements of Chapter 282, Finance Code, as added by this Act,
  must file an application to register the machine in accordance with
  that chapter not later than January 1, 2023.
         SECTION 3.  (a)  Except as provided by Subsection (b) of this
  section, this Act takes effect September 1, 2021.
         (b)  Section 282.101, Finance Code, as added by this Act,
  takes effect January 1, 2023.
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