Tex. Bus. & Com. Code § 72.051 · Subchapter B. DELETION OF CERTAIN RECORDS OR INFORMATION RELATING TO CUSTOMERS' CHECKS
REQUIRED DELETION OF CERTAIN ELECTRONIC RECORDS.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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.
Notes and commentary — not statutory text
History
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/BC/htm/BC.72.htm
- Text hash
- sha256 b913142ad63b2fc7cc5452dbf705eb6b2f5320ea6041340e1bd69d0aad865dd1
- 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.
Code of Criminal Procedure
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.