Tex. Bus. & Com. Code § 4.104 · Subchapter A. GENERAL PROVISIONS AND DEFINITIONS
DEFINITIONS AND INDEX OF DEFINITIONS.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) In this chapter, unless the context otherwise requires:
(1) "Account" means any deposit or credit account with a bank, including a demand, time, savings, passbook, share draft, or like account, other than an account evidenced by a certificate of deposit.
(2) "Afternoon" means the period of a day between noon and midnight.
(3) "Banking day" means the part of a day on which a bank is open to the public for carrying on substantially all of its banking functions.
(4) "Clearing house" means an association of banks or other payors regularly clearing items.
(5) "Customer" means a person having an account with a bank or for whom a bank has agreed to collect items, including a bank that maintains an account at another bank.
(6) "Documentary draft" means a draft to be presented for acceptance or payment if specified documents, certificated securities (Section 8.102) or instructions for uncertificated securities (Section 8.102), or other certificates, statements, or the like are to be received by the drawee or other payor before acceptance or payment of the draft.
(7) "Draft" means a draft as defined in Section 3.104 or an item, other than an instrument, that is an order.
(8) "Drawee" means a person ordered in a draft to make payment.
(9) "Item" means an instrument or a promise or order to pay money handled by a bank for collection or payment. The term does not include a payment order governed by Chapter 4A or a credit or debit card slip.
(10) "Midnight deadline" with respect to a bank is midnight on its next banking day following the banking day on which it receives the relevant item or notice or from which the time for taking action commences to run, whichever is later.
(11) "Settle" means to pay in cash, by clearing-house settlement, in a charge or credit or by remittance, or otherwise as agreed. A settlement may be either provisional or final.
(12) "Suspends payments" with respect to a bank means that it has been closed by order of the supervisory authorities, that a public officer has been appointed to take it over, or that it ceases or refuses to make payments in the ordinary course of business.
(b) Other definitions applying to this chapter and the sections in which they appear are:
"Agreement for electronic
presentment" Section 4.110.
"Collecting bank" Section 4.105.
"Depositary bank" Section 4.105.
"Intermediary bank" Section 4.105.
"Payor bank" Section 4.105.
"Presenting bank" Section 4.105.
"Presentment notice" Section 4.110.
(c) The following definitions in other chapters apply to this chapter:
"Acceptance" Section 3.409.
"Alteration" Section 3.407.
"Cashier's check" Section 3.104.
"Certificate of deposit" Section 3.104.
"Certified check" Section 3.409.
"Check" Section 3.104.
"Control" Section 7.106.
"Holder in due course" Section 3.302.
"Instrument" Section 3.104.
"Notice of dishonor" Section 3.503.
"Order" Section 3.103.
"Ordinary care" Section 3.103.
"Person entitled to enforce" Section 3.301.
"Presentment" Section 3.501.
"Promise" Section 3.103.
"Prove" Section 3.103.
"Record" Section 1.201.
"Remotely-created item" Section 3.103.
"Teller's check" Section 3.104.
"Unauthorized signature" Section 3.403.
(d) In addition, Chapter 1 contains general definitions and principles of construction and interpretation applicable throughout this chapter.
Notes and commentary — not statutory text
History
Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1, eff. Sept. 1, 1967. Amended by Acts 1995, 74th Leg., ch. 921, Sec. 4, eff. Jan. 1, 1996; Acts 1995, 74th Leg., ch. 962, Sec. 18, eff. Sept. 1, 1995; Acts 2003, 78th Leg., ch. 542, Sec. 12, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 95 (S.B. 1563), Sec. 15, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 122 (S.B. 1593), Sec. 16, eff. September 1, 2005.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/BC/htm/BC.4.htm
- Text hash
- sha256 d1f8fd7890f7262cab49a65a8b90ad3919849adf39504b6df0422e3607ca0cb0
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Business & Commerce Code
- Tex. Bus. & Com. Code ch. 1GENERAL PROVISIONSPrinted as Chapter 1
- Tex. Bus. & Com. Code § 1.201GENERAL DEFINITIONS.Printed as Section 1.201
- Tex. Bus. & Com. Code § 3.103DEFINITIONS.Printed as Section 3.103
- Tex. Bus. & Com. Code § 3.104NEGOTIABLE INSTRUMENT.Printed as Section 3.104
- Tex. Bus. & Com. Code § 3.301PERSON ENTITLED TO ENFORCE INSTRUMENT.Printed as Section 3.301
- Tex. Bus. & Com. Code § 3.302HOLDER IN DUE COURSE.Printed as Section 3.302
- Tex. Bus. & Com. Code § 3.403UNAUTHORIZED SIGNATURE.Printed as Section 3.403
- Tex. Bus. & Com. Code § 3.407ALTERATION.Printed as Section 3.407
- Tex. Bus. & Com. Code § 3.409ACCEPTANCE OF DRAFT; CERTIFIED CHECK.Printed as Section 3.409
- Tex. Bus. & Com. Code § 3.501PRESENTMENT.Printed as Section 3.501
- Tex. Bus. & Com. Code § 3.503NOTICE OF DISHONOR.Printed as Section 3.503
- Tex. Bus. & Com. Code § 4.105"BANK"; "DEPOSITARY BANK"; "INTERMEDIARY BANK"; "COLLECTING BANK"; "PAYOR BANK"; "PRESENTING BANK".Printed as Section 4.105
- Tex. Bus. & Com. Code § 4.110ELECTRONIC PRESENTMENT.Printed as Section 4.110
- Tex. Bus. & Com. Code ch. 4AFUNDS TRANSFERSPrinted as Chapter 4A
- Tex. Bus. & Com. Code § 7.106CONTROL OF ELECTRONIC DOCUMENT OF TITLE.Printed as Section 7.106
- Tex. Bus. & Com. Code § 8.102DEFINITIONS.Printed as Section 8.102
Cited by 3 provisions
Provisions in this library whose text cites Tex. Bus. & Com. Code § 4.104. Each shows the citation as that text prints it.
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.