Texas Register, Volume 38, Number 27, Pages 4243-4444, July 5, 2013 Page: 4,277
4243-4444 p. ; 28 cm.View a full description of this periodical.
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machine.] The notice shall be delivered personally or mailed to each
member, whose mailing address is in this state, when an access device
is issued, renewed or replaced.
(2) Ongoing Notice.
(A) If a credit union maintains a website, it must include
the notice or a link to the notice in a reasonably conspicuous place on
the website.
(B) If a credit union does not maintain a website but
distributes a newsletter, it must include the notice at least once during
each calendar year in any newsletter distributed to its members.
(C) If a credit union does not have an Internet website
or does not distribute a newsletter, the notice must be included with any
privacy notice the credit union is required to give or send its members.
(3) [(2)] Content. The notice of basic safety precautions
required by this section must be provided in written form which can be
retained by the member and may include recommendations or advice
regarding:machines;
bers;(A) security at walk-up or drive-up unmanned teller
(B) protection of code or personal identification num-(C) procedures for lost or stolen access devices;
(D) reaction to suspicious circumstances;
(E) safekeeping and disposition of unmanned teller ma-
chine receipts, such as the inadvisability of leaving an unmanned teller
machine receipt near the unmanned teller machine;
(F) the inadvisability of surrendering information about
the member's access device over the telephone;
(G) safeguarding and protecting the member's access
device, such as a recommendation that the member treat the access de-
vice as if it was cash;
(H) protection against unmanned teller machine fraud,
such as a recommendation that the member compare unmanned teller
machine receipts against the member's monthly statement; and
(I) other recommendations that the credit union reason-
ably believes are appropriate to facilitate the security of its unmanned
teller machine users.
(e) [(4)] Leased [Lease] premises.
(1) Noncompliance by landlord. Pursuant to the Finance
Code, 59.306, the landlord or owner of property is required to comply
with the safety procedures of the Finance Code, Chapter 59, Subchapter
D, if an access area or defined parking area for an unmanned teller
machine is not controlled by the owner or operator of the unmanned
teller machine. If a credit union owner or operator of an unmanned
teller machine on leased premises is unable to obtain compliance with
safety procedures from the landlord or owner of the property, the credit
union shall notify the landlord in writing of the requirements of the
Finance Code, Chapter 59, Subchapter D, and of those provisions for
which the landlord is in noncompliance.
(2) Enforcement. Noncompliance with safety procedures
required by the Finance Code, Chapter 59, Subchapter D, by a landlord
or owner of property after receipt of written notification from the owner
or operator constitutes a violation of the Finance Code, Chapter 59,
Subchapter D, which may be enforced by the Texas Attorney General.(f) [(e)] Video surveillance equipment. Video surveillance
equipment is not required to be installed at all unmanned teller ma-
chines. The credit union owner or operator must determine whether
video surveillance or unconnected video surveillance equipment
should be installed at a particular unmanned teller machine site, based
on the safety evaluation required under the Finance Code, 59.308.
If a credit union owner or operator determines that video surveillance
equipment should be installed, the credit union must provide for
selecting, testing, operating, and maintaining appropriate equipment.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on June 24, 2013.
TRD-201302620
Harold E. Feeney
Commissioner
Credit Union Department
Earliest possible date of adoption: August 4, 2013
For further information, please call: (512) 837-9236
TITLE 16. ECONOMIC REGULATION
PART 8. TEXAS RACING
COMMISSION
CHAPTER 303. GENERAL PROVISIONS
SUBCHAPTER B. POWERS AND DUTIES OF
THE COMMISSION
16 TAC 303.41
The Texas Racing Commission proposes an amendment to 16
TAC 303.41. The section relates to the allocation of live race
dates. The rule currently provides that only the Commission may
allocate race dates to associations. This proposal would provide
scheduling flexibility to the racetracks by permitting the executive
director to approve the addition, deletion, or modification of live
race dates, provided that: a racetrack's request does not add
any live race dates that are more than fourteen calendar days
before or after the track's Commission-approved race meet; is
supported in writing by each affected breed organization; is sup-
ported in writing by each affected racetrack; and in the case of a
horse track, is supported in writing by the horsemen's organiza-
tion. The proposal also provides that the executive director may
consider the agency's budget and workload status in determin-
ing whether to approve the request.
Chuck Trout, Executive Director, has determined that for the first
five-year period the rule is in effect there will be no fiscal impli-
cations for state or local government as a result of enforcing the
amendment.
Mr. Trout has determined that for each year of the first five years
that the amendment is in effect the anticipated public benefit will
be to support the economic viability of the state's licensed race-
tracks. By providing additional flexibility, the racetracks will be
able to more quickly modify race dates in response to changing
circumstances.
The amendment will have no adverse economic effect on small
or micro-businesses, and therefore preparation of an economicPROPOSED RULES July 5, 2013 38 TexReg 4277
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Texas. Secretary of State. Texas Register, Volume 38, Number 27, Pages 4243-4444, July 5, 2013, periodical, July 5, 2013; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth326801/m1/35/: accessed April 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.