Texas Register, Volume 32, Number 44, Pages 7777-8060, November 2, 2007 Page: 7,801
7777-8060 p. ; 28 cm.View a full description of this periodical.
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35.53. Will the department provide model forms for the sworn state-
ment and written authorization required by Section 35.595(b)(2) and
(3), Business & Commerce Code?
(a) The department has provided a model form combining the
sworn statement under Section 35.595(b)(2), Business & Commerce
Code, and the written authorization under Section 35.595(b)(3) for use
by financial institutions.
(b) The department has provided a model form sworn state-
ment under Section 35.595(e)(2)(B), Business & Commerce Code, for
use by check verification entities.
(c) A financial institution or check verification entity may use
and accept:
(1) the model forms provided by the department; and
(2) other forms that contain spaces for persons to provide
the information required by Section 35.595, Business and Commerce
Code, and this Chapter.
(d) The model forms in subsection (a) and (b) of this section
are available on the department's website. The department encourages
financial institutions, check verification entities, and other financial in-
stitution regulators to make the model forms, or the forms they use,
available on their websites.
(e) A financial institution may use and accept a form that com-
bines the sworn statement and the written authorization into a single
form.
35.54. What information must appear on the sworn statement re-
quired by Section 35.595(b)(2), Business & Commerce Code, for use
when a person contacts a financial institution with the intent to send
information through the electronic notification system?
The sworn statement form required by Section 35.595(b)(2), Business
& Commerce Code, must include:
(1) a notice, at the top of the first page, that provides that:
(A) the customer must file a police report regarding an
offense under Section 32.51, Penal Code; and
(B) the customer must return the completed sworn
statement with either:
(i) the incident or case number of the police report;
or
(ii) a copy of the police report.
(2) blanks for the customer to provide:
(A) customer's name, address, phone number, date of
birth;
(B) the number and the issuing governmental entity's
name for the customer's:
(i) driver's license or state issued identification card;
or
(ii) if the customer does not have a driver's license
or state issued identification card, other government-issued identifica-
tion.
(C) the account number of any account compromised
by the alleged offense and closed in response to the alleged offense;
(D) routing number for the financial institution where
the account was closed;
(E) numbers or the range of numbers of any checks that
have been lost, stolen, or compromised, if any;(F) the incident or case number of the police report; and
(G) a signature before a notary public.
35.55. What information must appear on the written authorization
required by Section 35.595(b)(3), Business & Commerce Code?
The written authorization form provided to a customer by a financial
institution must contain:
(1) a signature bar for the customer's signature; and
(2) a provision in uppercase, bold-faced type that is
substantially similar to this provision and in at least 12-point font:
THE STATE OF TEXAS HAS ESTABLISHED AN ELECTRONIC
NOTIFICATION SYSTEM TO DELIVER INFORMATION TO CHECK
VERIFICATION ENTITIES REGARDING VICTIMS OF OFFENSES
UNDER SECTION 32.51, PENAL CODE, REGARDING FRAUDU-
LENT USE OR POSSESSION OF IDENTIFYING INFORMATION
OF A PERSON. THE CHECK VERIFICATION ENTITIES USE
INFORMATION RECEIVED TO ASSIST BUSINESSES IN DECID-
ING WHETHER TO ACCEPT CHECKS AND OTHER PAYMENT
DEVICES PRESENTED TO THEM. BY SUBMITTING THIS FORM,
YOU ARE AUTHORIZING _ (NAME OF
FINANCIAL INSTITUTION) TO SUBMIT THE INFORMATION YOU
PROVIDED ON THE SWORN STATEMENT TO THE ELECTRONIC
NOTIFICATION SYSTEM.
35.56. What information must appear on the sworn statement re-
quired by Section 35.595(e)(2)(B), Business & Commerce Code, for
use with a person who contacts a check verification entity directly?
The sworn statement required by Section 35.595(e)(2)(B), Business &
Commerce Code, must include:
(1) the information required by 35.54 of this title; and
(2) a statement that the person has requested that their fi-
nancial institution close any account that has been compromised by the
alleged offense.
35.57. When must a financial institution submit customer informa-
tion through the electronic notification system?
A financial institution must submit the information required by Section
35.595(d), Business & Commerce Code, to the electronic notification
system not later than the second business day after the date the cus-
tomer:
(1) notifies the financial institution that the customer was a
victim of an offense under Section 32.51, Penal Code;
(2) requests the financial institution close an account that
has been compromised by the alleged offense; and
(3) presents to the home office, if in Texas, or to any branch
of the financial institution in Texas:
(A) an incident or case number of the police report or
a copy of the police report of an offense under Section 32.51, Penal
Code;
(B) the sworn statement required by Section
35.595(b)(2), Business & Commerce Code; and
(C) the written authorization required by Section
35.595(b)(3), Business & Commerce Code.
35.58. May a financial institution or check verification entity accept
a case or offense number issued by a police department instead of a
copy of the police report?
Instead of a copy of the police report regarding an offense under Sec-
tion 32.51, Penal Code, a person may provide a financial institution orPROPOSED RULES November 2, 2007 32 TexReg 7801
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Texas. Secretary of State. Texas Register, Volume 32, Number 44, Pages 7777-8060, November 2, 2007, periodical, November 2, 2007; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth97421/m1/23/: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.