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.