reglab/housing_qa huggingface dataset:
TX Bus & Com Code § 3.505 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 3 - Negotiable Instruments|Subchapter E. Dishonor|Section 3.505. Evidence of Dishonor

Sec. 3.505.  EVIDENCE OF DISHONOR.  (a)  The following are admissible as evidence and create a presumption of dishonor and of any notice of dishonor stated:(1)  a document regular in form as provided in Subsection (b) that purports to be a protest;(2)  a purported stamp or writing of the drawee, payor bank, or presenting bank on or accompanying the instrument stating that acceptance or payment has been refused unless reasons for the refusal are stated and the reasons are not consistent with dishonor;(3)  a book or record of the drawee, payor bank, or collecting bank that is kept in the usual course of business and that shows dishonor, even if there is no evidence of who made the entry.(b)  A protest is a certificate of dishonor made by a United States consul or vice consul, or a notary public or other person authorized to administer oaths by the law of the place where dishonor occurs.  It may be made on information satisfactory to that person.  The protest must identify the instrument and certify either that presentment has been made or, if not made, the reason why it was not made, and that the instrument has been dishonored by nonacceptance or nonpayment.  The protest may also certify that notice of dishonor has been given to some or all parties.|Amended by Acts 1995, 74th Leg., ch. 921, Sec. 1, eff. Jan. 1, 1996.|
TX Bus & Com Code § 3.506 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 3 - Negotiable Instruments|Subchapter E. Dishonor|Section 3.506. Processing Fee by Holder of Payment Device

Sec. 3.506.  PROCESSING FEE BY HOLDER OF PAYMENT DEVICE.  (a)  For purposes of this section, "payment device" means any check, item, paper or electronic payment, or other payment device used as a medium for payment.(b)  On return of a payment device to the holder following dishonor of the payment device by a payor, the holder, the holder's assignee, agent, or representative, or any other person retained by the holder to seek collection of the face value of the dishonored payment device may charge the drawer or indorser a maximum processing fee of $30.(c)  A person may not charge a processing fee to a drawer or indorser under this section if a reimbursement fee has been collected under Article 102.007(e), Code of Criminal Procedure.  If a processing fee has been collected under this section and the holder subsequently receives a reimbursement fee collected under Article 102.007(e), Code of Criminal Procedure, the holder shall immediately refund the fee previously collected from the drawer or indorser.(d)  Notwithstanding Subtitle B, Title 4, Finance Code, or any other law, a contract made under Subtitle B, Title 4, Finance Code, may provide that on return of a dishonored payment device given in payment under the contract, the holder may charge the obligor under the contract the processing fee authorized by this section, and the fee may be added to the unpaid balance owed under the contract.  Interest may not be charged on the fee during the term of the contract.(e)  This section does not affect any right or remedy to which the holder of a payment device may be entitled under any rule, written contract, judicial decision, or other statute.|Added by Acts 2001, 77th Leg., ch. 1420, Sec. 2.001(a), eff. Sept. 1, 2001;  Amended by Acts 2003, 78th Leg., ch. 413, Sec. 1, eff. Sept. 1, 2003.Amended by: Acts 2005, 79th Leg., Ch. 95 (S.B. 1563), Sec. 11, eff. September 1, 2005.Acts 2011, 82nd Leg., R.S., Ch. 333 (H.B. 2793), Sec. 1, eff. September 1, 2011.Acts 2019, 86th Leg., R.S., Ch. 1352 (S.B. 346), Sec. 4.01, eff. January 1, 2020.|
TX Bus & Com Code § 3.507 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 3 - Negotiable Instruments|Subchapter E. Dishonor|Section 3.507. Delivery Notification Fee by Holder of Check or Similar Sight Order

Sec. 3.507.  DELIVERY NOTIFICATION FEE BY HOLDER OF CHECK OR SIMILAR SIGHT ORDER.  (a)  On return of a check or similar sight order, as defined by Section 1.07, Penal Code, to the holder following dishonor of the check or sight order by a payor and prior to the check or sight order being referred for prosecution, the holder, the holder's assignee, agent, or representative, or any other person retained by the holder to seek collection of the dishonored check or sight order may charge the drawer or indorser of the check or sight order the cost of delivery notification by registered or certified mail with return receipt requested under Section 31.06 or Section 32.41, Penal Code, as applicable.(b)  A person may not charge a delivery notification fee to a drawer or indorser under this section if the fee has been collected under Article 102.007(g), Code of Criminal Procedure.  If a delivery notification fee has been collected under this section and the holder subsequently receives a fee collected under Article 102.007(g), Code of Criminal Procedure, the holder shall immediately refund the fee previously collected from the drawer or indorser.(c)  This section does not affect any right or remedy to which the holder of a check or similar sight order may be entitled under any rule, written contract, judicial decision, or other statute, including Section 3.506.|Added by Acts 2007, 80th Leg., R.S., Ch. 976 (S.B. 548), Sec. 4, eff. September 1, 2007.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 128 (S.B. 821), Sec. 6, eff. September 1, 2013.|
TX Bus & Com Code § 3.601 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 3 - Negotiable Instruments|Subchapter F. Discharge and Payment|Section 3.601. Discharge and Effect of Discharge

Sec. 3.601.  DISCHARGE AND EFFECT OF DISCHARGE.  (a)  The obligation of a party to pay the instrument is discharged as stated in this chapter or by an act or agreement with the party that would discharge an obligation to pay money under a simple contract.(b)  Discharge of the obligation of a party is not effective against a person acquiring rights of a holder in due course of the instrument without notice of the discharge.|Amended by Acts 1995, 74th Leg., ch. 921, Sec. 1, eff. Jan. 1, 1996.|
TX Bus & Com Code § 3.603 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 3 - Negotiable Instruments|Subchapter F. Discharge and Payment|Section 3.603. Tender of Payment

Sec. 3.603.  TENDER OF PAYMENT.  (a)  If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument, the effect of tender is governed by principles of law applicable to tender of payment under a simple contract.(b)  If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument and the tender is refused, there is discharge, to the extent of the amount of the tender, of the obligation of an indorser or accommodation party having a right of recourse with respect to the obligation to which the tender relates.(c)  If tender of payment of an amount due on an instrument is made to a person entitled to enforce the instrument, the obligation of the obligor to pay interest after the due date on the amount tendered is discharged.  If presentment is required with respect to an instrument and the obligor is able and ready to pay on the due date at every place of payment stated in the instrument, the obligor is deemed to have made tender of payment on the due date to the person entitled to enforce the instrument.|Amended by Acts 1995, 74th Leg., ch. 921, Sec. 1, eff. Jan. 1, 1996.|
TX Bus & Com Code § 3.604 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 3 - Negotiable Instruments|Subchapter F. Discharge and Payment|Section 3.604. Discharge by Cancellation or Renunciation

Sec. 3.604.  DISCHARGE BY CANCELLATION OR RENUNCIATION.  (a)  A person entitled to enforce an instrument, with or without consideration, may discharge the obligation of a party to pay the instrument:(1)  by an intentional voluntary act, such as surrender of the instrument to the party, destruction, mutilation, or cancellation of the instrument, cancellation or striking out of the party's signature, or the addition of words to the instrument indicating discharge; or(2)  by agreeing not to sue or otherwise renouncing rights against the party by a signed record.(b)  Cancellation or striking out of an indorsement pursuant to Subsection (a) does not affect the status and rights of a party derived from the indorsement.(c)  In this section, "signed," with respect to a record that is not a writing, includes the attachment to or logical association with the record of an electronic symbol, sound, or process with the present intent to adopt or accept the record.|Amended by Acts 1995, 74th Leg., ch. 921, Sec. 1, eff. Jan. 1, 1996.Amended by: Acts 2005, 79th Leg., Ch. 95 (S.B. 1563), Sec. 13, eff. September 1, 2005.|
TX Bus & Com Code § 4.101 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 4 - Bank Deposits and Collections|Subchapter A. General Provisions and Definitions|Section 4.101. Short Title

Sec. 4.101.  SHORT TITLE.  This chapter may be cited as Uniform Commercial Code--Bank Deposits and Collections.|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.|
TX Bus & Com Code § 4.102 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 4 - Bank Deposits and Collections|Subchapter A. General Provisions and Definitions|Section 4.102. Applicability

Sec. 4.102.  APPLICABILITY.  (a)  To the extent that items within this chapter are also within Chapters 3 and 8, they are subject to those chapters.  If there is conflict, this chapter governs Chapter 3, but Chapter 8 governs this chapter.(b)  The liability of a bank for action or non-action with respect to an item handled by it for purposes of presentment, payment, or collection is governed by the law of the place where the bank is located.  In the case of action or non-action by or at a branch or separate office of a bank, its liability is governed by the law of the place where the branch or separate office is located.(c)  Notwithstanding Section 1.301, the laws of this state govern a deposit contract between a bank and a consumer account holder if the branch or separate office of the bank that accepts the deposit contract is located in this state.  For purposes of this subsection, "consumer account holder" means a natural person who holds a deposit account primarily for personal, family, or household purposes but does not include a natural person who holds an account for another in a professional capacity.|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 1999, 76th Leg., ch. 344, Sec. 5.001, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 542, Sec. 11, eff. Sept. 1, 2003.|
TX Bus & Com Code § 4.103 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 4 - Bank Deposits and Collections|Subchapter A. General Provisions and Definitions|Section 4.103. Variation by Agreement; Measure of Damages; Action Constituting Ordinary Care

Sec. 4.103.  VARIATION BY AGREEMENT;  MEASURE OF DAMAGES;  ACTION CONSTITUTING ORDINARY CARE.  (a)  The effect of the provisions of this chapter may be varied by agreement, but the parties to the agreement cannot disclaim a bank's responsibility for its lack of good faith or failure to exercise ordinary care or limit the measure of damages for the lack or failure.  However, the parties may determine by agreement the standards by which the bank's responsibility is to be measured if those standards are not manifestly unreasonable.(b)  Federal Reserve regulations and operating circulars, clearing-house rules, and the like have the effect of agreements under Subsection (a), whether or not specifically assented to by all parties interested in items handled.(c)  Action or non-action approved by this chapter or pursuant to Federal Reserve regulations or operating circulars is the exercise of ordinary care and, in the absence of special instructions, action or non-action consistent with clearing-house rules and the like or with a general banking usage not disapproved by this chapter, is prima facie the exercise of ordinary care.(d)  The specification or approval of certain procedures by this chapter is not disapproval of other procedures that may be reasonable under the circumstances.(e)  The measure of damages for failure to exercise ordinary care in handling an item is the amount of the item reduced by an amount that could not have been realized by the exercise of ordinary care.  If there is also bad faith, it includes any other damages the party suffered as a proximate consequence.|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.|
TX Bus & Com Code § 4.105 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 4 - Bank Deposits and Collections|Subchapter A. General Provisions and Definitions|Section 4.105. "Bank"; "Depositary Bank"; "Intermediary Bank"; "Collecting Bank"; "Payor Bank"; "Presenting Bank"

Sec. 4.105.  "BANK";  "DEPOSITARY BANK";  "INTERMEDIARY BANK";  "COLLECTING BANK";  "PAYOR BANK";  "PRESENTING BANK".  In this chapter:(1)  "Bank" means a person engaged in the business of banking, including a savings bank, savings and loan association, credit union, or trust company.(2)  "Depositary bank" means the first bank to take an item even though it is also the payor bank, unless the item is presented for immediate payment over the counter.(3)  "Payor bank" means a bank that is the drawee of a draft. (4)  "Intermediary bank" means a bank to which an item is transferred in course of collection except the depositary or payor bank.(5)  "Collecting bank" means a bank handling an item for collection except the payor bank.(6)  "Presenting bank" means a bank presenting an item except a payor bank.|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.|
TX Bus & Com Code § 4.106 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 4 - Bank Deposits and Collections|Subchapter A. General Provisions and Definitions|Section 4.106. Payable Through or Payable at Bank; Collecting Bank

Sec. 4.106.  PAYABLE THROUGH OR PAYABLE AT BANK;  COLLECTING BANK.  (a)  If an item states that it is "payable through" a bank identified in the item, the item:(1)  designates the bank as a collecting bank and does not by itself authorize the bank to pay the item;  and(2)  may be presented for payment only by or through the bank.(b)  If an item states that it is "payable at" a bank identified in the item, the item is equivalent to a draft drawn on the bank.(c)  If a draft names a nonbank drawee and it is unclear whether a bank named in the draft is a co-drawee or a collecting bank, the bank is a collecting bank.|Amended by Acts 1995, 74th Leg., ch. 921, Sec. 4, eff. Jan. 1, 1996.|
TX Bus & Com Code § 4.107 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 4 - Bank Deposits and Collections|Subchapter A. General Provisions and Definitions|Section 4.107. Separate Office of a Bank

Sec. 4.107.  SEPARATE OFFICE OF A BANK.  A branch or separate office of a bank is a separate bank for the purpose of computing the time within which and determining the place at or to which action may be taken or notices or orders must be given under this chapter and under Chapter 3.|Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1, eff. Sept. 1, 1967.  Renumbered from Sec. 4.106 and amended by Acts 1995, 74th Leg., ch. 921, Sec. 4, eff. Jan. 1, 1996.|
TX Bus & Com Code § 4.108 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 4 - Bank Deposits and Collections|Subchapter A. General Provisions and Definitions|Section 4.108. Time of Receipt of Items

Sec. 4.108.  TIME OF RECEIPT OF ITEMS.  (a)  For the purpose of allowing time to process items, prove balances, and make the necessary entries on its books to determine its position for the day, a bank may fix an afternoon hour of two P.M. or later as a cutoff hour for the handling of money and items and the making of entries on its books.(b)  An item or deposit of money received on any day after a cutoff hour so fixed or after the close of the banking day may be treated as being received at the opening of the next banking day.|Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1, eff. Sept. 1, 1967.  Renumbered from Sec. 4.107 and amended by Acts 1995, 74th Leg., ch. 921, Sec. 4, eff. Jan. 1, 1996.|
TX Bus & Com Code § 4.109 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 4 - Bank Deposits and Collections|Subchapter A. General Provisions and Definitions|Section 4.109. Delays

Sec. 4.109.  DELAYS.  (a)  Unless otherwise instructed, a collecting bank in a good faith effort to secure payment of a specific item drawn on a payor other than a bank, and with or without the approval of any person involved, may waive, modify, or extend time limits imposed or permitted by this title for a period not exceeding two additional banking days without discharge of drawers or indorsers or liability to its transferor or a prior party.(b)  Delay by a collecting bank or payor bank beyond time limits prescribed or permitted by this title or by instructions is excused if:(1)  the delay is caused by interruption of communication or computer facilities, suspension of payments by another bank, war, emergency conditions, failure of equipment, or other circumstances beyond the control of the bank;  and(2)  the bank exercises such diligence as the circumstances require.|Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1, eff. Sept. 1, 1967.  Renumbered from Sec. 4.108 and amended by Acts 1995, 74th Leg., ch. 921, Sec. 4, eff. Jan. 1, 1996.|
TX Bus & Com Code § 4.110 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 4 - Bank Deposits and Collections|Subchapter A. General Provisions and Definitions|Section 4.110. Electronic Presentment

Sec. 4.110.  ELECTRONIC PRESENTMENT.  (a)  "Agreement for electronic presentment" means an agreement, clearing-house rule, or Federal Reserve regulation or operating circular providing that presentment of an item may be made by transmission of an image of an item or information describing the item ("presentment notice") rather than delivery of the item itself.  The agreement may provide for procedures governing retention, presentment, payment, dishonor, and other matters concerning items subject to the agreement.(b)  Presentment of an item under an agreement for presentment is made when the presentment notice is received.(c)  If presentment is made by presentment notice, a reference to "item" or "check" in this chapter means the presentment notice unless the context otherwise indicates.|Added by Acts 1995, 74th Leg., ch. 921, Sec. 4, eff. Jan. 1, 1996.|
TX Bus & Com Code § 4.111 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 4 - Bank Deposits and Collections|Subchapter A. General Provisions and Definitions|Section 4.111. Statute of Limitations

Sec. 4.111.  STATUTE OF LIMITATIONS.  An action to enforce an obligation, duty, or right arising under this chapter must be commenced within three years after the cause of action accrues.|Added by Acts 1995, 74th Leg., ch. 921, Sec. 4, eff. Jan. 1, 1996.|
TX Bus & Com Code § 4.112 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 4 - Bank Deposits and Collections|Subchapter A. General Provisions and Definitions|Section 4.112. Payment of Check at Par

Sec. 4.112.  PAYMENT OF CHECK AT PAR.  (a)  Except as otherwise provided by Chapter 3 or this chapter, a payor bank shall pay a check drawn on it against an account with a sufficient balance at par without regard to whether the payee holds an account at the bank.(b)  This section does not prohibit a bank from requiring commercially reasonable verification of the payee's identity before settlement of the check.(c)  In addition to any remedy provided by law, the banking commissioner, in coordination with the Finance Commission of Texas, shall ensure that payor banks comply with the requirements of this section.|Added by Acts 2001, 77th Leg., ch. 699, Sec. 20, eff. Sept. 1, 2001.|
TX Bus & Com Code § 4.201 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 4 - Bank Deposits and Collections|Subchapter B. Collection of Items: Depositary and Collecting Banks|Section 4.201. Status of Collecting Bank as Agent and Provisional Status of Credits; Applicability of Chapter; Item Indorsed "Pay Any Bank"

Sec. 4.201.  STATUS OF COLLECTING BANK AS AGENT AND PROVISIONAL STATUS OF CREDITS;  APPLICABILITY OF CHAPTER;  ITEM INDORSED "PAY ANY BANK".  (a)  Unless a contrary intent clearly appears and before the time that a settlement given by a collecting bank for an item is or becomes final, the bank, with respect to the item, is an agent or sub-agent of the owner of the item and any settlement given for the item is provisional.  This provision applies regardless of the form of indorsement or lack of indorsement and even though credit given for the item is subject to immediate withdrawal as of right or is in fact withdrawn;  but the continuance of ownership of an item by its owner and any rights of the owner to proceeds of the item are subject to rights of a collecting bank, such as those resulting from outstanding advances on the item and rights of recoupment or setoff.  If an item is handled by banks for purposes of presentment, payment, collection, or return, the relevant provisions of this chapter apply even though action of the parties clearly establishes that a particular bank has purchased the item and is the owner of it.(b)  After an item has been indorsed with the words "pay any bank" or the like, only a bank may acquire the rights of a holder until the item has been:(1)  returned to the customer initiating collection;  or(2)  specially indorsed by a bank to a person who is not a bank.|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.|