88R3365 JES-F     By: Zaffirini S.B. No. 337       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 that 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, 2024, 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, 2024.          (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, 2025.          SECTION 3.  (a) Except as provided by Subsection (b) of this   section, this Act takes effect September 1, 2023.          (b)  Section 282.101, Finance Code, as added by this Act,   takes effect January 1, 2025.