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Texas Statutes (Last Updated: January 4, 2014) |
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BUSINESS AND COMMERCE CODE |
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Title 5. REGULATION OF BUSINESSES AND SERVICES |
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Subtitle A. GENERAL PRACTICES |
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Chapter 72. BUSINESS RECORDS |
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Subchapter B. DELETION OF CERTAIN RECORDS OR INFORMATION RELATING TO CUSTOMERS' CHECKS |
Sec. 72.051. REQUIRED DELETION OF CERTAIN ELECTRONIC RECORDS
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(a) In this section, "law enforcement agency" has the meaning assigned by Article 59.01, Code of Criminal Procedure.
(b) This section applies only to a business that accepts checks from customers in the ordinary course of business. This section does not apply to a financial institution as defined by 31 U.S.C. Section 5312(a)(2), as amended.
(c) A business shall delete any electronic record indicating that a customer has issued a dishonored check or any other information except for a checking account number or bank routing transit number on which the business bases a refusal to accept a check from a customer. The record must be deleted not later than the 30th day after the date:
(1) the customer and the business agree that the information contained in the electronic record is incorrect; or
(2) the customer presents to the business:
(A) a copy of a report filed by the customer with a law enforcement agency stating that the dishonored check was unauthorized; and
(B) a written statement of the customer indicating that the dishonored check was unauthorized.
(d) A business that violates Subsection (c) is liable to this state for a civil penalty in an amount not to exceed $1,000. The attorney general may:
(1) bring an action to recover the civil penalty; and
(2) recover reasonable expenses incurred in recovering the penalty, including court costs, reasonable attorney's fees, investigative costs, witness fees, and deposition expenses.