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A BILL TO BE ENTITLED
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AN ACT
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relating to a request for a customer record of a financial |
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institution for guardianship purposes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 59.006(a), Finance Code, is amended to |
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read as follows: |
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(a) This section provides the exclusive method for |
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compelled discovery of a record of a financial institution relating |
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to one or more customers but does not create a right of privacy in a |
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record. This section does not apply to and does not require or |
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authorize a financial institution to give a customer notice of: |
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(1) a demand or inquiry from a state or federal |
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government agency authorized by law to conduct an examination of |
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the financial institution; |
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(2) a record request from a state or federal |
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government agency or instrumentality under statutory or |
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administrative authority that provides for, or is accompanied by, a |
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specific mechanism for discovery and protection of a customer |
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record of a financial institution, including a record request from |
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a federal agency subject to the Right to Financial Privacy Act of |
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1978 (12 U.S.C. Section 3401 et seq.), as amended, or from the |
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Internal Revenue Service under Section 1205, Internal Revenue Code |
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of 1986; |
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(3) a record request from or report to a government |
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agency arising out of: |
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(A) the investigation or prosecution of a |
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criminal offense; |
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(B) the investigation of alleged abuse, neglect, |
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or exploitation of an elderly or disabled person in accordance with |
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Chapter 48, Human Resources Code; or |
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(C) the assessment for or provision of |
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guardianship services under Subchapter E, Chapter 161, Human |
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Resources Code; |
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(4) a record request in connection with a garnishment |
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proceeding in which the financial institution is garnishee and the |
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customer is debtor; |
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(5) a record request by a duly appointed receiver for |
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the customer; |
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(6) an investigative demand or inquiry from a state |
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legislative investigating committee; |
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(7) an investigative demand or inquiry from the |
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attorney general of this state as authorized by law other than the |
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procedural law governing discovery in civil cases; [or] |
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(8) the voluntary use or disclosure of a record by a |
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financial institution subject to other applicable state or federal |
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law; or |
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(9) a record request in connection with an |
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investigation conducted under Section 1054.151, 1054.152, or |
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1102.001, Estates Code. |
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SECTION 2. This Act takes effect September 1, 2015. |