reglab/housing_qa huggingface dataset:
TX Bus & Com Code § 4.301 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 4 - Bank Deposits and Collections|Subchapter C. Collection of Items: Payor Banks|Section 4.301. Deferred Posting; Recovery of Payment by Return of Items; Time of Dishonor; Return of Items by Payor Bank

Sec. 4.301.  DEFERRED POSTING;  RECOVERY OF PAYMENT BY RETURN OF ITEMS;  TIME OF DISHONOR;  RETURN OF ITEMS BY PAYOR BANK.  (a)  If a payor bank settles for a demand item other than a documentary draft presented otherwise than for immediate payment over the counter before midnight of the banking day of receipt, the payor bank may revoke the settlement and recover the settlement if, before it has made final payment and before its midnight deadline, it:(1)  returns the item;(2)  returns an image of the item, if the party to which the return is made has entered into an agreement to accept an image as a return of the item, and the image is returned in accordance with that agreement; or(3)  sends a record providing notice of dishonor or nonpayment if the item is unavailable for return.(b)  If a demand item is received by a payor bank for credit on its books, it may return the item or send notice of dishonor and may revoke any credit given or recover the amount thereof withdrawn by its customer, if it acts within the time limit and in the manner specified in Subsection (a).(c)  Unless previous notice of dishonor has been sent, an item is dishonored at the time when for purposes of dishonor it is returned or notice sent in accordance with this section.(d)  An item is returned:(1)  as to an item presented through a clearing house, when it is delivered to the presenting or last collecting bank or to the clearing house or is sent or delivered in accordance with clearing-house rules;  or(2)  in all other cases, when it is sent or delivered to the bank's customer or transferor or pursuant to instructions.|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.Amended by: Acts 2005, 79th Leg., Ch. 95 (S.B. 1563), Sec. 19, eff. September 1, 2005.|
TX Bus & Com Code § 4.302 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 4 - Bank Deposits and Collections|Subchapter C. Collection of Items: Payor Banks|Section 4.302. Payor Bank's Responsibility for Late Return of Item

Sec. 4.302.  PAYOR BANK'S RESPONSIBILITY FOR LATE RETURN OF ITEM.  (a)  If an item is presented to and received by a payor bank, the bank is accountable for the amount of:(1)  a demand item, other than a documentary draft, whether properly payable or not, if the bank, in any case in which it is not also the depositary bank, retains the item beyond midnight of the banking day of receipt without settling for it or, whether or not it is also the depositary bank, does not pay or return the item or send notice of dishonor until after its midnight deadline;  or(2)  any other properly payable item unless, within the time allowed for acceptance or payment of that item, the bank either accepts or pays the item or returns it and accompanying documents.(b)  The liability of a payor bank to pay an item pursuant to Subsection (a) is subject to defenses based on breach of a presentment warranty (Section 4.208) or proof that the person seeking enforcement of the liability presented or transferred the item for the purpose of defrauding the 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 § 4.303 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 4 - Bank Deposits and Collections|Subchapter C. Collection of Items: Payor Banks|Section 4.303. When Items Subject to Notice, Stop-Payment Order, Legal Process, or Setoff; Order in Which Items May Be Charged or Certified

Sec. 4.303.  WHEN ITEMS SUBJECT TO NOTICE, STOP-PAYMENT ORDER, LEGAL PROCESS, OR SETOFF;  ORDER IN WHICH ITEMS MAY BE CHARGED OR CERTIFIED.  (a)  Any knowledge, notice, or stop-payment order received by, legal process served upon, or setoff exercised by a payor bank comes too late to terminate, suspend, or modify the bank's right or duty to pay an item or to charge its customer's account for the item if the knowledge, notice, stop-payment order, or legal process is received or served and a reasonable time for the bank to act thereon expires or the setoff is exercised after the earliest of the following:(1)  the bank accepts or certifies the item;(2)  the bank pays the item in cash;(3)  the bank settles for the item without having a right to revoke the settlement under statute, clearing-house rule, or agreement;  (4)  the bank becomes accountable for the amount of the item under Section 4.302 dealing with the payor bank's responsibility for late return of items;  or(5)  with respect to checks, a cutoff hour not earlier than one hour after the opening of the next banking day after the banking day on which the bank received the check and not later than the close of that next banking day or, if no cutoff hour is fixed, the close of the next banking day after the banking day on which the bank received the check.(b)  Subject to Subsection (a), items may be accepted, paid, certified, or charged to the indicated account of a bank's customer in any order and before or after the bank's regular banking hours.  A bank is under no obligation to determine the time of day an item is received and without liability may withhold the amount thereof pending a determination of the effect, consequence or priority of any knowledge, notice, stop-payment order, or legal process concerning the same, or interplead such amount and the claimants thereto.|Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1, eff. Sept. 1, 1967.  Amended by Acts 1985, 69th Leg., ch. 621, Sec. 2, eff. June 14, 1985;  Acts 1995, 74th Leg., ch. 921, Sec. 4, eff. Jan. 1, 1996.|
TX Bus & Com Code § 4.401 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 4 - Bank Deposits and Collections|Subchapter D. Relationship Between Payor Bank and Its Customer|Section 4.401. When Bank May Charge Customer's Account

Sec. 4.401.  WHEN BANK MAY CHARGE CUSTOMER'S ACCOUNT.  (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.|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 § 4.402 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 4 - Bank Deposits and Collections|Subchapter D. Relationship Between Payor Bank and Its Customer|Section 4.402. Bank's Liability to Customer for Wrongful Dishonor

Sec. 4.402.  BANK'S LIABILITY TO CUSTOMER FOR WRONGFUL DISHONOR.  (a)  Except as otherwise provided by this chapter, a payor bank wrongfully dishonors an item if it dishonors an item that is properly payable, but a bank may dishonor an item that would create an overdraft unless it has agreed to pay the overdraft.(b)  A payor bank is liable to its customer for damages proximately caused by the wrongful dishonor of an item.  Liability is limited to actual damages proved and may include damages for an arrest or prosecution of the customer or other consequential damages.  Whether any consequential damages are proximately caused by the wrongful dishonor is a question of fact to be determined in each case.(c)  A payor bank's determination of the customer's account balance on which a decision to dishonor for insufficiency of available funds is based may be made at any time between the time the item is received by the payor bank and the time that the payor bank returns the item or gives notice in lieu of return, and no more than one determination need be made.  If, at the election of the payor bank, a subsequent balance determination is made for the purpose of reevaluating the bank's decision to dishonor the item, the account balance at that time is determinative of whether a dishonor for insufficiency of available funds is wrongful.|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 § 4.403 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 4 - Bank Deposits and Collections|Subchapter D. Relationship Between Payor Bank and Its Customer|Section 4.403. Customer's Right to Stop Payment; Burden of Proof of Loss

Sec. 4.403.  CUSTOMER'S RIGHT TO STOP PAYMENT;  BURDEN OF PROOF OF LOSS.  (a)  A customer or any person authorized to draw on the account if there is more than one person may stop payment of any item drawn on the customer's account or close the account by an order to the bank describing the item or account with reasonable certainty received at a time and in a manner that affords the bank a reasonable opportunity to act on it before any action by the bank with respect to the item described in Section 4.303.  If the signature of more than one person is required to draw on an account, any of those persons may stop payment or close the account.(b)  A stop-payment order is effective for six months and is binding on the bank only if it is in a dated, authenticated record that describes the item with certainty.  A stop-payment order may be renewed for additional six-month periods by an authenticated record given to the bank within a period during which the stop-payment order is effective.(c)  The burden of establishing the fact and amount of loss resulting from the payment of an item contrary to a stop-payment order or order to close an account is on the customer.  The loss from payment of an item contrary to a stop-payment order may include damages for dishonor of subsequent items under Section 4.402.|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.Amended by: Acts 2005, 79th Leg., Ch. 95 (S.B. 1563), Sec. 20, eff. September 1, 2005.|
TX Bus & Com Code § 4.404 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 4 - Bank Deposits and Collections|Subchapter D. Relationship Between Payor Bank and Its Customer|Section 4.404. Bank Not Obligated to Pay Check More Than Six Months Old

Sec. 4.404.  BANK NOT OBLIGATED TO PAY CHECK MORE THAN SIX MONTHS OLD.  A bank is under no obligation to a customer having a checking account to pay a check, other than a certified check, that is presented more than six months after its date, but it may charge its customer's account for a payment made thereafter in good faith.|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 § 4.405 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 4 - Bank Deposits and Collections|Subchapter D. Relationship Between Payor Bank and Its Customer|Section 4.405. Death or Incompetence of Customer

Sec. 4.405.  DEATH OR INCOMPETENCE OF CUSTOMER.  (a)  A payor or collecting bank's authority to accept, pay, or collect an item or to account for proceeds of its collection, if otherwise effective, is not rendered ineffective by the incompetence of a customer of either bank existing at the time the item is issued or its collection is undertaken if the bank does not know of an adjudication of incompetence.  Neither death nor incompetence of a customer revokes the authority to accept, pay, collect, or account until the bank knows of the fact of death or of an adjudication of incompetence and has reasonable opportunity to act on it.(b)  Even with knowledge, a bank may for 10 days after the date of death pay or certify checks drawn on or before that date unless ordered to stop payment by a person claiming an interest in the account.|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 § 4.407 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 4 - Bank Deposits and Collections|Subchapter D. Relationship Between Payor Bank and Its Customer|Section 4.407. Payor Bank's Right to Subrogation on Improper Payment

Sec. 4.407.  PAYOR BANK'S RIGHT TO SUBROGATION ON IMPROPER PAYMENT.  If a payor bank has paid an item over the order of the drawer or maker to stop payment, or after an account has been closed, or otherwise under circumstances giving a basis for objection by the drawer or maker, to prevent unjust enrichment and only to the extent necessary to prevent loss to the bank by reason of its payment of the item, the payor bank is subrogated to the rights:(1)  of any holder in due course on the item against the drawer or maker;(2)  of the payee or any other holder of the item against the drawer or maker either on the item or under the transaction out of which the item arose;  and(3)  of the drawer or maker against the payee or any other holder of the item with respect to the transaction out of which the item arose.|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 § 4.501 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 4 - Bank Deposits and Collections|Subchapter E. Collection of Documentary Drafts|Section 4.501. Handling of Documentary Drafts; Duty to Send for Presentment and to Notify Customer of Dishonor

Sec. 4.501.  HANDLING OF DOCUMENTARY DRAFTS;  DUTY TO SEND FOR PRESENTMENT AND TO NOTIFY CUSTOMER OF DISHONOR.  A bank that takes a documentary draft for collection shall present or send the draft and accompanying documents for presentment and, upon learning that the draft has not been paid or accepted in due course, shall seasonably notify its customer of the fact even though it may have discounted or bought the draft or extended credit available for withdrawal as of right.|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 § 4.502 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 4 - Bank Deposits and Collections|Subchapter E. Collection of Documentary Drafts|Section 4.502. Presentment of "On Arrival" Drafts

Sec. 4.502.  PRESENTMENT OF "ON ARRIVAL" DRAFTS.  If a draft or the relevant instructions require presentment "on arrival", "when goods arrive", or the like, the collecting bank need not present until in its judgment a reasonable time for arrival of the goods has expired.  Refusal to pay or accept because the goods have not arrived is not dishonor;  the bank must notify its transferor of the refusal but need not present the draft again until it is instructed to do so or learns of the arrival of the goods.|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 § 4.503 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 4 - Bank Deposits and Collections|Subchapter E. Collection of Documentary Drafts|Section 4.503. Responsibility of Presenting Bank for Documents and Goods; Report of Reasons for Dishonor; Referee in Case of Need

Sec. 4.503.  RESPONSIBILITY OF PRESENTING BANK FOR DOCUMENTS AND GOODS;  REPORT OF REASONS FOR DISHONOR;  REFEREE IN CASE OF NEED.  Unless otherwise instructed and except as provided in Chapter 5, a bank presenting a documentary draft:(1)  must deliver the documents to the drawee on acceptance of the draft if it is payable more than three days after presentment;  otherwise, only on payment;  and(2)  upon dishonor, either in the case of presentment for acceptance or presentment for payment, may seek and follow instructions from any referee in case of need designated in the draft or, if the presenting bank does not choose to utilize the referee's services, it must use diligence and good faith to ascertain the reason for dishonor, must notify its transferor of the dishonor and of the results of its effort to ascertain the reasons therefor, and must request instructions.However, the presenting bank is under no obligation with respect to goods represented by the documents except to follow any reasonable instructions seasonably received;  it has a right to reimbursement for any expense incurred in following instructions and to prepayment of or indemnity for those expenses.|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 § 4.504 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 4 - Bank Deposits and Collections|Subchapter E. Collection of Documentary Drafts|Section 4.504. Privilege of Presenting Bank to Deal With Goods; Security Interest for Expenses

Sec. 4.504.  PRIVILEGE OF PRESENTING BANK TO DEAL WITH GOODS;  SECURITY INTEREST FOR EXPENSES.  (a)  A presenting bank that, following the dishonor of a documentary draft, has seasonably requested instructions but does not receive them within a reasonable time may store, sell, or otherwise deal with the goods in any reasonable manner.(b)  For its reasonable expenses incurred by action under Subsection (a) the presenting bank has a lien upon the goods or their proceeds, which may be foreclosed in the same manner as an unpaid seller's lien.|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 § 4A.101 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 4A - Funds Transfers|Subchapter A. Subject Matter and Definitions|Section 4A.101. Short Title

Sec. 4A.101.  SHORT TITLE.  This chapter may be cited as Uniform Commercial Code--Funds Transfers.|Added by Acts 1993, 73rd Leg., ch. 570, Sec. 7, eff. Sept. 1, 1993.|
TX Bus & Com Code § 4A.102 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 4A - Funds Transfers|Subchapter A. Subject Matter and Definitions|Section 4A.102. Subject Matter

Sec. 4A.102.  SUBJECT MATTER.  Except as otherwise provided in Section 4A.108, this chapter applies to funds transfers defined in Section 4A.104.|Added by Acts 1993, 73rd Leg., ch. 570, Sec. 7, eff. Sept. 1, 1993.|
TX Bus & Com Code § 4A.103 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 4A - Funds Transfers|Subchapter A. Subject Matter and Definitions|Section 4A.103. Payment Order--Definitions

Sec. 4A.103.  PAYMENT ORDER--DEFINITIONS.  (a)  In this chapter:(1)  "Payment order" means an instruction of a sender to a receiving bank, transmitted orally, electronically, or in writing, to pay, or to cause another bank to pay, a fixed or determinable amount of money to a beneficiary if:(A)  the instruction does not state a condition of payment to the beneficiary other than the time of payment;(B)  the receiving bank is to be reimbursed by debiting an account of, or otherwise receiving payment from, the sender;  and(C)  the instruction is transmitted by the sender directly to the receiving bank or to an agent, funds transfer system, or communication system for transmittal to the receiving bank.(2)  "Beneficiary" means the person to be paid by the beneficiary's bank.(3)  "Beneficiary's bank" means the bank identified in a payment order in which an account of the beneficiary is to be credited pursuant to the order or which otherwise is to make payment to the beneficiary if the order does not provide for payment to an account.(4)  "Receiving bank" means the bank to which the sender's instruction is addressed.(5)  "Sender" means the person giving the instruction to the receiving bank.(b)  If an instruction complying with Subsection (a)(1) is to make more than one payment to a beneficiary, the instruction is a separate payment order with respect to each payment.(c)  A payment order is issued when it is sent to the receiving bank.|Added by Acts 1993, 73rd Leg., ch. 570, Sec. 7, eff. Sept. 1, 1993.|
TX Bus & Com Code § 4A.104 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 4A - Funds Transfers|Subchapter A. Subject Matter and Definitions|Section 4A.104. Funds Transfer--Definitions

Sec. 4A.104.  FUNDS TRANSFER--DEFINITIONS.  In this chapter:(1)  "Funds transfer" means the series of transactions, beginning with the originator's payment order, made for the purpose of making payment to the beneficiary of the order.  The term includes any payment order issued by the originator's bank or an intermediary bank intended to carry out the originator's payment order.  A funds transfer is completed by acceptance by the beneficiary's bank of a payment order for the benefit of the beneficiary of the originator's payment order.(2)  "Intermediary bank" means a receiving bank other than the originator's bank or the beneficiary's bank.(3)  "Originator" means the sender of the first payment order in a funds transfer.(4)  "Originator's bank" means:(A)  the receiving bank to which the payment order of the originator is issued if the originator is not a bank;  or(B)  the originator if the originator is a bank.|Added by Acts 1993, 73rd Leg., ch. 570, Sec. 7, eff. Sept. 1, 1993.|