Tex. Bus. & Com. Code § 4.401 · Subchapter D. RELATIONSHIP BETWEEN PAYOR BANK AND ITS CUSTOMER
WHEN BANK MAY CHARGE CUSTOMER'S ACCOUNT.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) A bank may charge against the account of a customer an item that is properly payable from that account even though the charge creates an overdraft. An item is properly payable if it is authorized by the customer and is in accordance with any agreement between the customer and the bank.
(b) A customer is not liable for the amount of an overdraft if the customer neither signed the item nor benefited from the proceeds of the item.
(c) A bank may charge against the account of a customer a check that is otherwise properly payable from the account, even though payment was made before the date of the check, unless the customer has given notice to the bank of the postdating describing the check with reasonable certainty. The notice is effective for the period stated in Section 4.403(b) for stop-payment orders and must be received at such time and in such manner as to afford the bank a reasonable opportunity to act on it before the bank takes any action with respect to the check described in Section 4.303. If a bank charges against the account of a customer a check before the date stated in the notice of postdating, the bank is liable for damages for the loss resulting from its act. The loss may include damages for dishonor of subsequent items under Section 4.402.
(d) A bank that in good faith makes payment to a holder may charge the indicated account of its customer according to:
(1) the original terms of the altered item; or
(2) the terms of the completed item, even though the bank knows the item has been completed, unless the bank has notice that the completion was improper.
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.
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 c3273ca71f11f501b05e86942792cc2205cd61db37e74110c975efd9da3c5e29
- 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 § 4.303WHEN ITEMS SUBJECT TO NOTICE, STOP-PAYMENT ORDER, LEGAL PROCESS, OR SETOFF; ORDER IN WHICH ITEMS MAY BE CHARGED OR CERTIFIED.Printed as Section 4.303
- Tex. Bus. & Com. Code § 4.402BANK'S LIABILITY TO CUSTOMER FOR WRONGFUL DISHONOR.Printed as Section 4.402
- Tex. Bus. & Com. Code § 4.403CUSTOMER'S RIGHT TO STOP PAYMENT; BURDEN OF PROOF OF LOSS.Printed as Section 4.403(b)
Cited by 1 provision
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Business & Commerce Code
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