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Statutes > Texas > Finance-code > Title-3-financial-institutions-and-businesses > Chapter-125-credit-union-accounts-and-services

FINANCE CODE

TITLE 3. FINANCIAL INSTITUTIONS AND BUSINESSES

SUBTITLE D. CREDIT UNIONS

CHAPTER 125. CREDIT UNION ACCOUNTS AND SERVICES

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 125.001. DEFINITION. In this chapter, "multiple-party

account" has the meaning assigned by Section 436, Texas Probate

Code, except that the term includes an account in which one or

more of the parties is an organization, association, corporation,

or partnership.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 125.002. SHARE ACCOUNT. (a) Shares and membership shares

shall be subscribed to and paid for in the manner prescribed by

the bylaws. A credit union may limit the number of shares that

may be owned by a member, but any such limitation must be applied

equally to all members.

(b) A credit union may require credit union members to subscribe

to and make payments on membership shares. Membership shares may

not be pledged as security on any loan.

(c) The board of directors may establish different classes of

share accounts classified in relation to different rights,

restrictions, par value, and dividend rates.

(d) A joint account may hold more than one membership share,

supporting membership for more than one member of the credit

union.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Amended by Acts 2003, 78th Leg., ch. 533, Sec. 41, eff. Sept. 1,

2003.

Sec. 125.003. DEPOSIT ACCOUNTS. A deposit account consists of

payments made under an agreement between the credit union and a

depositor, including a draft account, checking account, savings

account, certificate of deposit, individual development account,

or other similar account or arrangement.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Amended by Acts 2003, 78th Leg., ch. 533, Sec. 42, eff. Sept. 1,

2003.

Sec. 125.004. CONSTRUCTION WITH OTHER LAWS. This chapter may

not be construed to conflict with the laws of the United States

or the laws of this state governing the taxation of

multiple-party accounts.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

SUBCHAPTER B. MULTIPLE-PARTY ACCOUNTS

Sec. 125.101. FORM OF ACCOUNT. (a) A member of a credit union

or of a federal credit union doing business in this state may

designate one or more persons to own a share or deposit account

with the member in a multiple-party account.

(b) The account may provide for a right of survivorship.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 125.102. POWERS OF ACCOUNT HOLDERS. (a) A party to a

multiple-party account may make a payment on a share or deposit

account and a withdrawal subject to the account agreement.

(b) A party to the account may not vote in matters pertaining

to, obtain a loan through, or hold office in the credit union

unless the party is a member of the credit union.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 125.103. POWERS OF MEMBERS RELATING TO ACCOUNT. Subject to

a policy adopted by the board, a member of a credit union by

written notice to the credit union may:

(1) change or cancel a multiple-party account designation;

(2) change the form of the account; or

(3) stop or vary payment under the terms of the account.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 125.104. OWNERSHIP INTEREST. (a) The parties to a

multiple-party account are presumed to own the account in equal

undivided interests unless:

(1) the account agreement provides otherwise; or

(2) satisfactory proof of the net contributions to the account

exists.

(b) The net contribution of a party to a multiple-party account

is computed by adding:

(1) the total amount of all of the payments on a share or

deposit made by or for the party, less the amount of all of the

withdrawals made by or for the party that have not been paid to

or applied for the use of another party;

(2) the pro rata share of interest or dividends included in the

current balance of the account; and

(3) any life insurance proceeds added to the account because of

the death of the party.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 125.105. DISCHARGE OF LIABILITY ON PAYMENT. Payment of all

or part of a multiple-party account to a party to the account

discharges the credit union's liability to each party to the

extent of the payment.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 125.106. DIVISION OF ACCOUNT ON DEATH. (a) Unless

otherwise provided by the account agreement or a trust agreement,

the only effect the death of a party to a multiple-party account

has on the beneficial ownership of the account is to transfer the

decedent's right in the account to the decedent's estate.

(b) An account that does not expressly provide for right of

survivorship is presumed to be a nonsurvivorship account.

(c) If the credit union complies with an account agreement, the

credit union may pay money representing shares or deposits on the

order of a party either before or after the death of another

party.

(d) A credit union acting under Subsection (c) does not have

further liability for the amount paid.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 125.107. SETOFF OF ACCOUNT. Without qualifying another

statutory right to a setoff or lien and subject to a contractual

provision accepted by the credit union, a credit union has the

right of setoff against the entire amount of a multiple-party

account in which a party to the account is indebted to the credit

union.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

SUBCHAPTER C. MINOR ACCOUNTS

Sec. 125.201. POWERS OF CREDIT UNION RELATING TO ACCOUNT. A

credit union may:

(1) open a share or deposit account in the name of a minor;

(2) receive a payment on the account by or for the minor;

(3) pay withdrawals;

(4) accept pledges to the credit union by or for the minor; and

(5) act in any other matter with respect to an account on the

order of a minor.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 125.202. VOTING; OFFICE-HOLDING. (a) If permitted by the

credit union's bylaws, a minor:

(1) may vote in a meeting of the credit union's members; and

(2) is eligible to hold an office or committee membership in the

credit union.

(b) A minor may not vote through a parent or guardian at a

meeting of the credit union's members.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 125.203. DISCHARGE OF LIABILITY ON PAYMENT; EFFECT ON MINOR

OF REQUIRED ACTION. (a) A payment or delivery of rights made by

a credit union or a federal credit union to any of the following

persons in connection with an account in the name of a minor

discharges the credit union or federal credit union to the extent

of the payment or delivery:

(1) the minor;

(2) a party to the account; or

(3) the parent or guardian of a deceased minor.

(b) The payment and a receipt, pledge, or other action required

by the credit union is binding on the minor as if the minor had

the capacity of an adult.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

SUBCHAPTER D. TRUST ACCOUNT

Sec. 125.301. FORM OF ACCOUNT. (a) A credit union may issue

shares or receive a deposit:

(1) in a revocable trust, if:

(A) a settlor is a member of the credit union; or

(B) a trustee or a beneficiary is a member of the credit union

and the settlor is a member of the trustee's or beneficiary's

family as that term is defined by the board in a written policy;

or

(2) in an irrevocable trust, if a settlor, trustee, or

beneficiary is a member of the credit union.

(b) A credit union may rely on any information provided by the

trustee to determine whether a trust is revocable or irrevocable.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Amended by Acts 1999, 76th Leg., ch. 87, Sec. 4, eff. Sept. 1,

1999.

Sec. 125.302. LOANS TO NONMEMBER TRUSTEE. Subject to

limitations imposed by this subtitle or a rule adopted under this

subtitle, a credit union may make a fully secured loan to a

nonmember trustee to enable the trustee to perform or assist the

trustee in performing the trustee's fiduciary responsibilities.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 125.303. BENEFICIARY FEES. A beneficiary who is not a

member of a credit union is not required to pay a membership

entrance fee.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 125.304. LIMITATIONS PLACED ON BENEFICIARY. A beneficiary

who is not a member of a credit union may not vote in matters

pertaining to, obtain a loan through, or hold office in the

credit union.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 125.305. ACCOUNT TRANSACTION INQUIRIES. The credit union

is not required to inquire of a trustee the reason for a

transaction or the intended use for money withdrawn or borrowed.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 125.306. DISCHARGE OF LIABILITY ON PAYMENT. Payment of all

or part of the shares and deposits to a trustee or other person

authorized to request present payment on a trust account

discharges the liability of the credit union to each settlor,

trustee, and beneficiary to the extent of the payment.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 125.307. TERMINATION OF ACCOUNT. When a trust is

terminated, the credit union shall pay money remaining in a trust

account as:

(1) directed by the trustee;

(2) prescribed by the trust agreement; or

(3) provided by applicable law, in the absence of direction from

the trustee or by the trust agreement.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 125.308. EFFECT OF DEATH OF TRUSTEE ON ACCOUNT. (a) The

death of a trustee does not affect the ownership or disposition

of a trust account unless:

(1) the trust agreement provides otherwise; or

(2) there is not a surviving trustee, and:

(A) the account is a trust account subject to Chapter XI, Texas

Probate Code; or

(B) written evidence of the terms of the trust does not exist.

(b) On the death of a trustee for a trust account for which the

death of a trustee affects the ownership disposition of the

account, the credit union shall pay out money in the trust

account:

(1) in accordance with the trust agreement; or

(2) in the absence of written evidence of the terms of the

trust, to a beneficiary or any other person authorized by law to

request or receive payment.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 125.309. TRUST ACCOUNT WITH LIMITED DOCUMENTATION. (a)

For a trust account that is purported to be opened under a

written trust agreement, the trustee may provide the credit union

with a certificate of trust to evidence the trust relationship.

The certificate must be an affidavit of the trustee and must

include:

(1) the effective date of the trust;

(2) the name of the trustee;

(3) the name of or method for choosing a successor trustee;

(4) the name and address of each beneficiary;

(5) the authority granted to the trustee;

(6) the information needed for disposition of the trust account

on the death of the trustee or the last survivor of two or more

trustees;

(7) an indemnification of the credit union; and

(8) any other information required by the credit union.

(b) The credit union may accept and administer the trust

account, in accordance with the certificate of trust, without

requiring a copy of the trust agreement. The credit union is not

liable for administering the account as provided by the

certificate of trust, unless the credit union has actual

knowledge that the certificate of trust is contrary to the terms

of the trust agreement.

(c) On the death of the trustee or the last survivor of two or

more trustees and notwithstanding Section 125.308, the credit

union may pay all or part of the proceeds of the trust account as

provided by the certificate of trust. If the trustee did not

provide a certificate of trust, the credit union's right to treat

the account as owned by a trustee ceases on the death of the

trustee. On the death of the trustee or the last survivor of two

or more trustees, the credit union, unless the certificate of

trust provides otherwise, shall pay the proceeds of the account

in equal shares to each person who survives the trustee, is named

as a beneficiary in the certificate of trust, and can be located

by the credit union from the credit union's records. If there is

no certificate of trust, payment of the proceeds of an account

shall be made as provided by Section 125.308. Payment made under

this section for all or part of the proceeds of an account

discharges any liability of the credit union to the extent of the

payment. The credit union may pay all or part of the proceeds of

an account in the manner provided by this section, regardless of

whether it has knowledge of a competing claim, unless the credit

union receives actual knowledge that payment has been restrained

by court order.

(d) This section does not require a credit union to accept an

account from a trustee or to search for the location of a named

beneficiary that is not named in its records.

(e) This section does not affect a contractual provision to the

contrary that otherwise complies with the laws of this state.

(f) For purposes of this section, "actual knowledge" is presumed

if a credit union possesses a copy of a trust agreement that is

certified as to authenticity by a settlor, trustee, beneficiary,

or an attorney for the settlor, trustee, or beneficiary.

Added by Acts 2003, 78th Leg., ch. 533, Sec. 43, eff. Sept. 1,

2003.

SUBCHAPTER E. THIRD-PARTY CLAIMS AND OTHER RIGHTS RELATING TO

ACCOUNTS

Sec. 125.401. THIRD-PARTY CLAIM. (a) In this section:

(1) "Credit union" includes:

(A) a credit union organized under the laws of this state;

(B) a foreign credit union; and

(C) a federal credit union.

(2) "Out-of-state credit union" means a credit union that:

(A) is not organized under the laws of this state; and

(B) has its main or principal office in another state or

country.

(3) "Texas credit union" means a credit union that:

(A) is organized under the laws of this state or federal law;

and

(B) has its main or principal office in this state.

(b) A credit union doing business in this state must be served

with citation or other appropriate process issued from a court in

connection with a suit instituted by a third party to recover or

establish an interest in a deposit or share account before the

credit union is required to:

(1) recognize the third party's claim;

(2) withhold payment of the account to any party to the account;

or

(3) withhold payment to the order of any party to the account.

(c) A claim against a depositor, joint account owner, or member

of a credit union shall be delivered or otherwise served as

required or permitted by law at the address of the registered

agent of the credit union as designated in a registration filed

under Section 201.102 or 201.103, as applicable.

(d) A claim against a depositor, joint account owner, or member

of an out-of-state credit union that files a registration

statement under Section 201.102 or a Texas credit union that

files a registration statement under Section 201.103 is not

effective with respect to the credit union if the claim is served

or delivered to an address other than the address of the credit

union's registered agent as provided in the registration.

(e) To prevent or limit a credit union's compliance with or

response to a claim subject to this section, the depositor, joint

account owner, or member must seek an appropriate remedy,

including a restraining order, injunction, or protective order,

to prevent or suspend the credit union's response to a claim

against the depositor, joint account owner, or member.

(f) A credit union that does not register with the secretary of

state under Section 201.102 or 201.103 is subject to service or

delivery of all claims against depositors, joint account owners,

or members of the credit union or against the credit union itself

by serving the president or vice president of the credit union or

as otherwise provided by law.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Amended by Acts 2003, 78th Leg., ch. 533, Sec. 44, eff. Sept. 1,

2003.

Sec. 125.402. DISCLOSURE OF RECORDS OF MEMBER; CONFIDENTIALITY.

(a) A credit union is not required to disclose or produce to a

third party or permit a third party to examine a record

pertaining to the affairs of a credit union member unless:

(1) the request is made in connection with an examination or

audit by a government agency authorized by law to examine credit

unions;

(2) the member consents to the disclosure or production of the

record; or

(3) the request is made by the department or is made in response

to:

(A) a subpoena or other court order; or

(B) an administrative subpoena or summons issued by a state or

federal agency as authorized by law.

(b) The commission may authorize the disclosure of information

relating to a credit union member under circumstances and

conditions that the commission determines are appropriate or

required in the daily operation of the credit union's business.

(c) The commission may adopt reasonable rules relating to the:

(1) confidentiality of the accounts of credit union members; and

(2) duties of the credit union to maintain that confidentiality.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 125.403. RECOVERY OF DOCUMENT PRODUCTION EXPENSES FROM

THIRD PARTY. (a) A credit union or federal credit union doing

business in this state is entitled to recover from a third party

the reasonable cost actually incurred in disclosing or producing

a record under this subtitle or other applicable law unless the

cost was incurred in connection with an examination or audit by a

government agency authorized by law to examine credit unions.

(b) The cost incurred in disclosing or producing a record

includes the cost of reproduction, postage, or delivery.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 125.404. LIENS AND SETOFFS. (a) To the extent of a

member's direct or indirect indebtedness to a credit union, the

credit union has:

(1) a lien, enforceable with or without judicial process, on the

member's shares and deposits, accumulated dividends, and

interest; and

(2) a right to set off against the member's shares, deposits,

accumulated dividends, and interest.

(b) A credit union may allow a withdrawal to be made without

affecting the credit union's right to a setoff or lien.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 125.405. ACCOUNT WITHDRAWALS. (a) A credit union may

require not longer than 60 days' notice for a withdrawal from a

share or deposit account.

(b) The commissioner may impose an advance withdrawal notice

requirement following issuance of a cease and desist order under

Chapter 122. The commissioner by rule may require that a

requirement imposed under this subsection apply to all members of

the credit union.

(c) A membership share may not be withdrawn unless membership in

the credit union is terminated.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

SUBCHAPTER F. SAFE DEPOSIT BOXES

Sec. 125.501. RENTAL OF SAFE DEPOSIT BOX. A credit union or

federal credit union may maintain and rent safe deposit boxes.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 125.502. RELATIONSHIP BETWEEN CREDIT UNION AND BOX HOLDER.

(a) In the absence of a contract to the contrary, the

relationship between a credit union and the renter of a safe

deposit box maintained at the credit union is that of lessor and

lessee and landlord and tenant. The rights and liabilities of the

credit union are governed by the law governing those

relationships.

(b) The lessee is for all purposes in possession of the box and

its contents.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 125.503. ACCESS BY MORE THAN ONE PERSON. (a) In the

absence of a contract to the contrary, a credit union shall allow

each holder of a safe deposit box jointly held in the name of two

or more persons or a person other than the lessee designated in

the lease agreement:

(1) access to the box; and

(2) removal of its contents.

(b) A credit union is not responsible for damage arising because

a holder or other designated person had access to the box or

removed its contents.

(c) The death of a holder of a jointly held safe deposit box

does not affect the right of another holder or other designated

person to have access to and remove contents from the box.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Amended by Acts 1999, 76th Leg., ch. 87, Sec. 5, eff. Sept. 1,

1999.

Sec. 125.504. RELOCATION OF SAFE DEPOSIT BOX; INVENTORY OF

CONTENTS. (a) Except as otherwise provided by this section,

Sections 125.505 through 125.507, Sections 36B through 36F, Texas

Probate Code, or other law, a credit union may not relocate a

safe deposit box rented for a term of six months or longer if the

box rental is not delinquent or may not open the box to relocate

its contents to another location, unless:

(1) the lessee is present when the box is opened or relocated;

or

(2) the lessee has given the credit union written authorization

to relocate the box or to open the box for purposes of

relocation.

(b) Storage conditions at the new box location must be at least

as secure as the conditions at the original location.

(c) If the box is opened during relocation, two employees shall

prepare a detailed inventory of the contents of the box. At least

one of the employees must be an officer or manager of the credit

union and a notary public.

(d) One lessee of a jointly held safe deposit box is sufficient

to personally supervise or give written authorization for the

box's relocation.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 125.505. NOTICE OF BOX RELOCATION. (a) A credit union

shall give a lessee of a safe deposit box at least 30 days'

notice of the box's relocation. The notice must state:

(1) the scheduled date and time of the relocation; and

(2) whether the box will be opened during the relocation.

(b) If the lessee does not personally supervise the relocation

or give written authorization for the relocation, the credit

union shall notify the lessee of the new box number or location

not later than the 30th day after the date of the relocation. The

credit union must include a copy of the signed and notarized

inventory report required by Section 125.504(c) with the notice.

(c) A notice required by this section must be sent by certified

mail, return receipt requested, to each lessee named in the

records of the credit union at the address shown in those

records.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 125.506. COST OF NOTICE AS BOX RENTAL. The credit union

may treat the cost of certified mailings incurred in connection

with each safe deposit box relocation other than the cost of the

first notice as box rental due and payable at the expiration of

the rental term.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 125.507. EMERGENCY RELOCATION OF SAFE DEPOSIT BOX. (a) A

credit union may relocate a safe deposit box or open the box to

relocate its contents to another location if the security of the

box is threatened or destroyed by an unforeseeable circumstance

beyond the credit union's control, including a natural disaster

such as a tornado, flood, or fire.

(b) Not later than the 90th day after the date on which the box

is relocated, the credit union shall notify each lessee in whose

name the box is held of the new box number or location. The

notice must be sent by certified mail, return receipt requested,

to each lessee named in the records of the credit union at the

address shown in those records.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 125.508. KEY IMPRINTING. (a) A credit union that rents or

permits access to a safe deposit box shall:

(1) imprint all keys issued to the box after September 1, 1992,

with its routing number; or

(2) issue keys imprinted with the routing number.

(b) If available space on a key is insufficient for imprinting

the routing number, the credit union shall attach to the key a

tag imprinted with the routing number.

(c) If a credit union believes that the routing number imprinted

on a key, or a tag attached to a key, used to access a safe

deposit box has been altered or defaced in a manner that the

correct routing number is illegible, the credit union shall

notify the Department of Public Safety, on a form designated by

the commissioner, not later than the 10th day after the date the

key is used to access the box.

(d) This section does not require a credit union to inspect the

routing number imprinted on a key or an attached tag to determine

whether the number has been altered or defaced.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 125.509. LIABILITY FOR ACCESS TO OR REMOVAL OF CONTENTS. A

credit union that has identified the keys to a safe deposit box

in accordance with Section 125.508 and that follows applicable

law and the credit union's established security procedures in

permitting access to the box is not liable for damages arising

because of access to or removal of the box's contents.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 125.510. DELINQUENT RENTS. (a) If the rental of a safe

deposit box is delinquent for six months or longer, the credit

union may open the box only if:

(1) the credit union sends notice of the delinquency to the

lessee; and

(2) the rent is not paid before the date specified in the

notice.

(b) The notice must:

(1) be sent by certified mail, return receipt requested, to the

lessee named in the books of the credit union at the address

shown in those books; and

(2) specify a date by which payment must be made that may not be

before the 61st day after the date on which the notice is mailed.

(c) The box must be opened in the presence of two employees, and

the credit union shall prepare a detailed inventory of the

contents of the box as provided by reporting instructions of the

comptroller. At least one of the employees must be an officer or

manager of the credit union and a notary public.

(d) The credit union shall place the contents of the box in a

sealed envelope or container that states the lessee's name. The

credit union shall hold the contents of the box subject to a lien

for:

(1) the box's rental;

(2) the cost of opening the box; and

(3) any damage in connection with the box.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 125.511. AUCTION OF CONTENTS. (a) If the rental, cost,

and damages determined under Section 125.510(d) are not paid

before the second anniversary of the date on which the box is

opened, the credit union may:

(1) sell all or part of the contents at a public auction in the

manner and on the notice prescribed for the sale of real property

under deed of trust under Section 51.002, Property Code; and

(2) apply the sale proceeds to the rental, cost, and damages.

(b) The credit union shall send to the comptroller as provided

by Chapter 74, Property Code:

(1) the unauctioned contents of a box; and

(2) any excess proceeds from the auction.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

State Codes and Statutes

Statutes > Texas > Finance-code > Title-3-financial-institutions-and-businesses > Chapter-125-credit-union-accounts-and-services

FINANCE CODE

TITLE 3. FINANCIAL INSTITUTIONS AND BUSINESSES

SUBTITLE D. CREDIT UNIONS

CHAPTER 125. CREDIT UNION ACCOUNTS AND SERVICES

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 125.001. DEFINITION. In this chapter, "multiple-party

account" has the meaning assigned by Section 436, Texas Probate

Code, except that the term includes an account in which one or

more of the parties is an organization, association, corporation,

or partnership.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 125.002. SHARE ACCOUNT. (a) Shares and membership shares

shall be subscribed to and paid for in the manner prescribed by

the bylaws. A credit union may limit the number of shares that

may be owned by a member, but any such limitation must be applied

equally to all members.

(b) A credit union may require credit union members to subscribe

to and make payments on membership shares. Membership shares may

not be pledged as security on any loan.

(c) The board of directors may establish different classes of

share accounts classified in relation to different rights,

restrictions, par value, and dividend rates.

(d) A joint account may hold more than one membership share,

supporting membership for more than one member of the credit

union.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Amended by Acts 2003, 78th Leg., ch. 533, Sec. 41, eff. Sept. 1,

2003.

Sec. 125.003. DEPOSIT ACCOUNTS. A deposit account consists of

payments made under an agreement between the credit union and a

depositor, including a draft account, checking account, savings

account, certificate of deposit, individual development account,

or other similar account or arrangement.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Amended by Acts 2003, 78th Leg., ch. 533, Sec. 42, eff. Sept. 1,

2003.

Sec. 125.004. CONSTRUCTION WITH OTHER LAWS. This chapter may

not be construed to conflict with the laws of the United States

or the laws of this state governing the taxation of

multiple-party accounts.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

SUBCHAPTER B. MULTIPLE-PARTY ACCOUNTS

Sec. 125.101. FORM OF ACCOUNT. (a) A member of a credit union

or of a federal credit union doing business in this state may

designate one or more persons to own a share or deposit account

with the member in a multiple-party account.

(b) The account may provide for a right of survivorship.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 125.102. POWERS OF ACCOUNT HOLDERS. (a) A party to a

multiple-party account may make a payment on a share or deposit

account and a withdrawal subject to the account agreement.

(b) A party to the account may not vote in matters pertaining

to, obtain a loan through, or hold office in the credit union

unless the party is a member of the credit union.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 125.103. POWERS OF MEMBERS RELATING TO ACCOUNT. Subject to

a policy adopted by the board, a member of a credit union by

written notice to the credit union may:

(1) change or cancel a multiple-party account designation;

(2) change the form of the account; or

(3) stop or vary payment under the terms of the account.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 125.104. OWNERSHIP INTEREST. (a) The parties to a

multiple-party account are presumed to own the account in equal

undivided interests unless:

(1) the account agreement provides otherwise; or

(2) satisfactory proof of the net contributions to the account

exists.

(b) The net contribution of a party to a multiple-party account

is computed by adding:

(1) the total amount of all of the payments on a share or

deposit made by or for the party, less the amount of all of the

withdrawals made by or for the party that have not been paid to

or applied for the use of another party;

(2) the pro rata share of interest or dividends included in the

current balance of the account; and

(3) any life insurance proceeds added to the account because of

the death of the party.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 125.105. DISCHARGE OF LIABILITY ON PAYMENT. Payment of all

or part of a multiple-party account to a party to the account

discharges the credit union's liability to each party to the

extent of the payment.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 125.106. DIVISION OF ACCOUNT ON DEATH. (a) Unless

otherwise provided by the account agreement or a trust agreement,

the only effect the death of a party to a multiple-party account

has on the beneficial ownership of the account is to transfer the

decedent's right in the account to the decedent's estate.

(b) An account that does not expressly provide for right of

survivorship is presumed to be a nonsurvivorship account.

(c) If the credit union complies with an account agreement, the

credit union may pay money representing shares or deposits on the

order of a party either before or after the death of another

party.

(d) A credit union acting under Subsection (c) does not have

further liability for the amount paid.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 125.107. SETOFF OF ACCOUNT. Without qualifying another

statutory right to a setoff or lien and subject to a contractual

provision accepted by the credit union, a credit union has the

right of setoff against the entire amount of a multiple-party

account in which a party to the account is indebted to the credit

union.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

SUBCHAPTER C. MINOR ACCOUNTS

Sec. 125.201. POWERS OF CREDIT UNION RELATING TO ACCOUNT. A

credit union may:

(1) open a share or deposit account in the name of a minor;

(2) receive a payment on the account by or for the minor;

(3) pay withdrawals;

(4) accept pledges to the credit union by or for the minor; and

(5) act in any other matter with respect to an account on the

order of a minor.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 125.202. VOTING; OFFICE-HOLDING. (a) If permitted by the

credit union's bylaws, a minor:

(1) may vote in a meeting of the credit union's members; and

(2) is eligible to hold an office or committee membership in the

credit union.

(b) A minor may not vote through a parent or guardian at a

meeting of the credit union's members.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 125.203. DISCHARGE OF LIABILITY ON PAYMENT; EFFECT ON MINOR

OF REQUIRED ACTION. (a) A payment or delivery of rights made by

a credit union or a federal credit union to any of the following

persons in connection with an account in the name of a minor

discharges the credit union or federal credit union to the extent

of the payment or delivery:

(1) the minor;

(2) a party to the account; or

(3) the parent or guardian of a deceased minor.

(b) The payment and a receipt, pledge, or other action required

by the credit union is binding on the minor as if the minor had

the capacity of an adult.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

SUBCHAPTER D. TRUST ACCOUNT

Sec. 125.301. FORM OF ACCOUNT. (a) A credit union may issue

shares or receive a deposit:

(1) in a revocable trust, if:

(A) a settlor is a member of the credit union; or

(B) a trustee or a beneficiary is a member of the credit union

and the settlor is a member of the trustee's or beneficiary's

family as that term is defined by the board in a written policy;

or

(2) in an irrevocable trust, if a settlor, trustee, or

beneficiary is a member of the credit union.

(b) A credit union may rely on any information provided by the

trustee to determine whether a trust is revocable or irrevocable.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Amended by Acts 1999, 76th Leg., ch. 87, Sec. 4, eff. Sept. 1,

1999.

Sec. 125.302. LOANS TO NONMEMBER TRUSTEE. Subject to

limitations imposed by this subtitle or a rule adopted under this

subtitle, a credit union may make a fully secured loan to a

nonmember trustee to enable the trustee to perform or assist the

trustee in performing the trustee's fiduciary responsibilities.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 125.303. BENEFICIARY FEES. A beneficiary who is not a

member of a credit union is not required to pay a membership

entrance fee.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 125.304. LIMITATIONS PLACED ON BENEFICIARY. A beneficiary

who is not a member of a credit union may not vote in matters

pertaining to, obtain a loan through, or hold office in the

credit union.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 125.305. ACCOUNT TRANSACTION INQUIRIES. The credit union

is not required to inquire of a trustee the reason for a

transaction or the intended use for money withdrawn or borrowed.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 125.306. DISCHARGE OF LIABILITY ON PAYMENT. Payment of all

or part of the shares and deposits to a trustee or other person

authorized to request present payment on a trust account

discharges the liability of the credit union to each settlor,

trustee, and beneficiary to the extent of the payment.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 125.307. TERMINATION OF ACCOUNT. When a trust is

terminated, the credit union shall pay money remaining in a trust

account as:

(1) directed by the trustee;

(2) prescribed by the trust agreement; or

(3) provided by applicable law, in the absence of direction from

the trustee or by the trust agreement.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 125.308. EFFECT OF DEATH OF TRUSTEE ON ACCOUNT. (a) The

death of a trustee does not affect the ownership or disposition

of a trust account unless:

(1) the trust agreement provides otherwise; or

(2) there is not a surviving trustee, and:

(A) the account is a trust account subject to Chapter XI, Texas

Probate Code; or

(B) written evidence of the terms of the trust does not exist.

(b) On the death of a trustee for a trust account for which the

death of a trustee affects the ownership disposition of the

account, the credit union shall pay out money in the trust

account:

(1) in accordance with the trust agreement; or

(2) in the absence of written evidence of the terms of the

trust, to a beneficiary or any other person authorized by law to

request or receive payment.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 125.309. TRUST ACCOUNT WITH LIMITED DOCUMENTATION. (a)

For a trust account that is purported to be opened under a

written trust agreement, the trustee may provide the credit union

with a certificate of trust to evidence the trust relationship.

The certificate must be an affidavit of the trustee and must

include:

(1) the effective date of the trust;

(2) the name of the trustee;

(3) the name of or method for choosing a successor trustee;

(4) the name and address of each beneficiary;

(5) the authority granted to the trustee;

(6) the information needed for disposition of the trust account

on the death of the trustee or the last survivor of two or more

trustees;

(7) an indemnification of the credit union; and

(8) any other information required by the credit union.

(b) The credit union may accept and administer the trust

account, in accordance with the certificate of trust, without

requiring a copy of the trust agreement. The credit union is not

liable for administering the account as provided by the

certificate of trust, unless the credit union has actual

knowledge that the certificate of trust is contrary to the terms

of the trust agreement.

(c) On the death of the trustee or the last survivor of two or

more trustees and notwithstanding Section 125.308, the credit

union may pay all or part of the proceeds of the trust account as

provided by the certificate of trust. If the trustee did not

provide a certificate of trust, the credit union's right to treat

the account as owned by a trustee ceases on the death of the

trustee. On the death of the trustee or the last survivor of two

or more trustees, the credit union, unless the certificate of

trust provides otherwise, shall pay the proceeds of the account

in equal shares to each person who survives the trustee, is named

as a beneficiary in the certificate of trust, and can be located

by the credit union from the credit union's records. If there is

no certificate of trust, payment of the proceeds of an account

shall be made as provided by Section 125.308. Payment made under

this section for all or part of the proceeds of an account

discharges any liability of the credit union to the extent of the

payment. The credit union may pay all or part of the proceeds of

an account in the manner provided by this section, regardless of

whether it has knowledge of a competing claim, unless the credit

union receives actual knowledge that payment has been restrained

by court order.

(d) This section does not require a credit union to accept an

account from a trustee or to search for the location of a named

beneficiary that is not named in its records.

(e) This section does not affect a contractual provision to the

contrary that otherwise complies with the laws of this state.

(f) For purposes of this section, "actual knowledge" is presumed

if a credit union possesses a copy of a trust agreement that is

certified as to authenticity by a settlor, trustee, beneficiary,

or an attorney for the settlor, trustee, or beneficiary.

Added by Acts 2003, 78th Leg., ch. 533, Sec. 43, eff. Sept. 1,

2003.

SUBCHAPTER E. THIRD-PARTY CLAIMS AND OTHER RIGHTS RELATING TO

ACCOUNTS

Sec. 125.401. THIRD-PARTY CLAIM. (a) In this section:

(1) "Credit union" includes:

(A) a credit union organized under the laws of this state;

(B) a foreign credit union; and

(C) a federal credit union.

(2) "Out-of-state credit union" means a credit union that:

(A) is not organized under the laws of this state; and

(B) has its main or principal office in another state or

country.

(3) "Texas credit union" means a credit union that:

(A) is organized under the laws of this state or federal law;

and

(B) has its main or principal office in this state.

(b) A credit union doing business in this state must be served

with citation or other appropriate process issued from a court in

connection with a suit instituted by a third party to recover or

establish an interest in a deposit or share account before the

credit union is required to:

(1) recognize the third party's claim;

(2) withhold payment of the account to any party to the account;

or

(3) withhold payment to the order of any party to the account.

(c) A claim against a depositor, joint account owner, or member

of a credit union shall be delivered or otherwise served as

required or permitted by law at the address of the registered

agent of the credit union as designated in a registration filed

under Section 201.102 or 201.103, as applicable.

(d) A claim against a depositor, joint account owner, or member

of an out-of-state credit union that files a registration

statement under Section 201.102 or a Texas credit union that

files a registration statement under Section 201.103 is not

effective with respect to the credit union if the claim is served

or delivered to an address other than the address of the credit

union's registered agent as provided in the registration.

(e) To prevent or limit a credit union's compliance with or

response to a claim subject to this section, the depositor, joint

account owner, or member must seek an appropriate remedy,

including a restraining order, injunction, or protective order,

to prevent or suspend the credit union's response to a claim

against the depositor, joint account owner, or member.

(f) A credit union that does not register with the secretary of

state under Section 201.102 or 201.103 is subject to service or

delivery of all claims against depositors, joint account owners,

or members of the credit union or against the credit union itself

by serving the president or vice president of the credit union or

as otherwise provided by law.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Amended by Acts 2003, 78th Leg., ch. 533, Sec. 44, eff. Sept. 1,

2003.

Sec. 125.402. DISCLOSURE OF RECORDS OF MEMBER; CONFIDENTIALITY.

(a) A credit union is not required to disclose or produce to a

third party or permit a third party to examine a record

pertaining to the affairs of a credit union member unless:

(1) the request is made in connection with an examination or

audit by a government agency authorized by law to examine credit

unions;

(2) the member consents to the disclosure or production of the

record; or

(3) the request is made by the department or is made in response

to:

(A) a subpoena or other court order; or

(B) an administrative subpoena or summons issued by a state or

federal agency as authorized by law.

(b) The commission may authorize the disclosure of information

relating to a credit union member under circumstances and

conditions that the commission determines are appropriate or

required in the daily operation of the credit union's business.

(c) The commission may adopt reasonable rules relating to the:

(1) confidentiality of the accounts of credit union members; and

(2) duties of the credit union to maintain that confidentiality.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 125.403. RECOVERY OF DOCUMENT PRODUCTION EXPENSES FROM

THIRD PARTY. (a) A credit union or federal credit union doing

business in this state is entitled to recover from a third party

the reasonable cost actually incurred in disclosing or producing

a record under this subtitle or other applicable law unless the

cost was incurred in connection with an examination or audit by a

government agency authorized by law to examine credit unions.

(b) The cost incurred in disclosing or producing a record

includes the cost of reproduction, postage, or delivery.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 125.404. LIENS AND SETOFFS. (a) To the extent of a

member's direct or indirect indebtedness to a credit union, the

credit union has:

(1) a lien, enforceable with or without judicial process, on the

member's shares and deposits, accumulated dividends, and

interest; and

(2) a right to set off against the member's shares, deposits,

accumulated dividends, and interest.

(b) A credit union may allow a withdrawal to be made without

affecting the credit union's right to a setoff or lien.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 125.405. ACCOUNT WITHDRAWALS. (a) A credit union may

require not longer than 60 days' notice for a withdrawal from a

share or deposit account.

(b) The commissioner may impose an advance withdrawal notice

requirement following issuance of a cease and desist order under

Chapter 122. The commissioner by rule may require that a

requirement imposed under this subsection apply to all members of

the credit union.

(c) A membership share may not be withdrawn unless membership in

the credit union is terminated.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

SUBCHAPTER F. SAFE DEPOSIT BOXES

Sec. 125.501. RENTAL OF SAFE DEPOSIT BOX. A credit union or

federal credit union may maintain and rent safe deposit boxes.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 125.502. RELATIONSHIP BETWEEN CREDIT UNION AND BOX HOLDER.

(a) In the absence of a contract to the contrary, the

relationship between a credit union and the renter of a safe

deposit box maintained at the credit union is that of lessor and

lessee and landlord and tenant. The rights and liabilities of the

credit union are governed by the law governing those

relationships.

(b) The lessee is for all purposes in possession of the box and

its contents.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 125.503. ACCESS BY MORE THAN ONE PERSON. (a) In the

absence of a contract to the contrary, a credit union shall allow

each holder of a safe deposit box jointly held in the name of two

or more persons or a person other than the lessee designated in

the lease agreement:

(1) access to the box; and

(2) removal of its contents.

(b) A credit union is not responsible for damage arising because

a holder or other designated person had access to the box or

removed its contents.

(c) The death of a holder of a jointly held safe deposit box

does not affect the right of another holder or other designated

person to have access to and remove contents from the box.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Amended by Acts 1999, 76th Leg., ch. 87, Sec. 5, eff. Sept. 1,

1999.

Sec. 125.504. RELOCATION OF SAFE DEPOSIT BOX; INVENTORY OF

CONTENTS. (a) Except as otherwise provided by this section,

Sections 125.505 through 125.507, Sections 36B through 36F, Texas

Probate Code, or other law, a credit union may not relocate a

safe deposit box rented for a term of six months or longer if the

box rental is not delinquent or may not open the box to relocate

its contents to another location, unless:

(1) the lessee is present when the box is opened or relocated;

or

(2) the lessee has given the credit union written authorization

to relocate the box or to open the box for purposes of

relocation.

(b) Storage conditions at the new box location must be at least

as secure as the conditions at the original location.

(c) If the box is opened during relocation, two employees shall

prepare a detailed inventory of the contents of the box. At least

one of the employees must be an officer or manager of the credit

union and a notary public.

(d) One lessee of a jointly held safe deposit box is sufficient

to personally supervise or give written authorization for the

box's relocation.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 125.505. NOTICE OF BOX RELOCATION. (a) A credit union

shall give a lessee of a safe deposit box at least 30 days'

notice of the box's relocation. The notice must state:

(1) the scheduled date and time of the relocation; and

(2) whether the box will be opened during the relocation.

(b) If the lessee does not personally supervise the relocation

or give written authorization for the relocation, the credit

union shall notify the lessee of the new box number or location

not later than the 30th day after the date of the relocation. The

credit union must include a copy of the signed and notarized

inventory report required by Section 125.504(c) with the notice.

(c) A notice required by this section must be sent by certified

mail, return receipt requested, to each lessee named in the

records of the credit union at the address shown in those

records.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 125.506. COST OF NOTICE AS BOX RENTAL. The credit union

may treat the cost of certified mailings incurred in connection

with each safe deposit box relocation other than the cost of the

first notice as box rental due and payable at the expiration of

the rental term.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 125.507. EMERGENCY RELOCATION OF SAFE DEPOSIT BOX. (a) A

credit union may relocate a safe deposit box or open the box to

relocate its contents to another location if the security of the

box is threatened or destroyed by an unforeseeable circumstance

beyond the credit union's control, including a natural disaster

such as a tornado, flood, or fire.

(b) Not later than the 90th day after the date on which the box

is relocated, the credit union shall notify each lessee in whose

name the box is held of the new box number or location. The

notice must be sent by certified mail, return receipt requested,

to each lessee named in the records of the credit union at the

address shown in those records.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 125.508. KEY IMPRINTING. (a) A credit union that rents or

permits access to a safe deposit box shall:

(1) imprint all keys issued to the box after September 1, 1992,

with its routing number; or

(2) issue keys imprinted with the routing number.

(b) If available space on a key is insufficient for imprinting

the routing number, the credit union shall attach to the key a

tag imprinted with the routing number.

(c) If a credit union believes that the routing number imprinted

on a key, or a tag attached to a key, used to access a safe

deposit box has been altered or defaced in a manner that the

correct routing number is illegible, the credit union shall

notify the Department of Public Safety, on a form designated by

the commissioner, not later than the 10th day after the date the

key is used to access the box.

(d) This section does not require a credit union to inspect the

routing number imprinted on a key or an attached tag to determine

whether the number has been altered or defaced.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 125.509. LIABILITY FOR ACCESS TO OR REMOVAL OF CONTENTS. A

credit union that has identified the keys to a safe deposit box

in accordance with Section 125.508 and that follows applicable

law and the credit union's established security procedures in

permitting access to the box is not liable for damages arising

because of access to or removal of the box's contents.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 125.510. DELINQUENT RENTS. (a) If the rental of a safe

deposit box is delinquent for six months or longer, the credit

union may open the box only if:

(1) the credit union sends notice of the delinquency to the

lessee; and

(2) the rent is not paid before the date specified in the

notice.

(b) The notice must:

(1) be sent by certified mail, return receipt requested, to the

lessee named in the books of the credit union at the address

shown in those books; and

(2) specify a date by which payment must be made that may not be

before the 61st day after the date on which the notice is mailed.

(c) The box must be opened in the presence of two employees, and

the credit union shall prepare a detailed inventory of the

contents of the box as provided by reporting instructions of the

comptroller. At least one of the employees must be an officer or

manager of the credit union and a notary public.

(d) The credit union shall place the contents of the box in a

sealed envelope or container that states the lessee's name. The

credit union shall hold the contents of the box subject to a lien

for:

(1) the box's rental;

(2) the cost of opening the box; and

(3) any damage in connection with the box.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 125.511. AUCTION OF CONTENTS. (a) If the rental, cost,

and damages determined under Section 125.510(d) are not paid

before the second anniversary of the date on which the box is

opened, the credit union may:

(1) sell all or part of the contents at a public auction in the

manner and on the notice prescribed for the sale of real property

under deed of trust under Section 51.002, Property Code; and

(2) apply the sale proceeds to the rental, cost, and damages.

(b) The credit union shall send to the comptroller as provided

by Chapter 74, Property Code:

(1) the unauctioned contents of a box; and

(2) any excess proceeds from the auction.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.


State Codes and Statutes

State Codes and Statutes

Statutes > Texas > Finance-code > Title-3-financial-institutions-and-businesses > Chapter-125-credit-union-accounts-and-services

FINANCE CODE

TITLE 3. FINANCIAL INSTITUTIONS AND BUSINESSES

SUBTITLE D. CREDIT UNIONS

CHAPTER 125. CREDIT UNION ACCOUNTS AND SERVICES

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 125.001. DEFINITION. In this chapter, "multiple-party

account" has the meaning assigned by Section 436, Texas Probate

Code, except that the term includes an account in which one or

more of the parties is an organization, association, corporation,

or partnership.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 125.002. SHARE ACCOUNT. (a) Shares and membership shares

shall be subscribed to and paid for in the manner prescribed by

the bylaws. A credit union may limit the number of shares that

may be owned by a member, but any such limitation must be applied

equally to all members.

(b) A credit union may require credit union members to subscribe

to and make payments on membership shares. Membership shares may

not be pledged as security on any loan.

(c) The board of directors may establish different classes of

share accounts classified in relation to different rights,

restrictions, par value, and dividend rates.

(d) A joint account may hold more than one membership share,

supporting membership for more than one member of the credit

union.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Amended by Acts 2003, 78th Leg., ch. 533, Sec. 41, eff. Sept. 1,

2003.

Sec. 125.003. DEPOSIT ACCOUNTS. A deposit account consists of

payments made under an agreement between the credit union and a

depositor, including a draft account, checking account, savings

account, certificate of deposit, individual development account,

or other similar account or arrangement.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Amended by Acts 2003, 78th Leg., ch. 533, Sec. 42, eff. Sept. 1,

2003.

Sec. 125.004. CONSTRUCTION WITH OTHER LAWS. This chapter may

not be construed to conflict with the laws of the United States

or the laws of this state governing the taxation of

multiple-party accounts.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

SUBCHAPTER B. MULTIPLE-PARTY ACCOUNTS

Sec. 125.101. FORM OF ACCOUNT. (a) A member of a credit union

or of a federal credit union doing business in this state may

designate one or more persons to own a share or deposit account

with the member in a multiple-party account.

(b) The account may provide for a right of survivorship.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 125.102. POWERS OF ACCOUNT HOLDERS. (a) A party to a

multiple-party account may make a payment on a share or deposit

account and a withdrawal subject to the account agreement.

(b) A party to the account may not vote in matters pertaining

to, obtain a loan through, or hold office in the credit union

unless the party is a member of the credit union.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 125.103. POWERS OF MEMBERS RELATING TO ACCOUNT. Subject to

a policy adopted by the board, a member of a credit union by

written notice to the credit union may:

(1) change or cancel a multiple-party account designation;

(2) change the form of the account; or

(3) stop or vary payment under the terms of the account.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 125.104. OWNERSHIP INTEREST. (a) The parties to a

multiple-party account are presumed to own the account in equal

undivided interests unless:

(1) the account agreement provides otherwise; or

(2) satisfactory proof of the net contributions to the account

exists.

(b) The net contribution of a party to a multiple-party account

is computed by adding:

(1) the total amount of all of the payments on a share or

deposit made by or for the party, less the amount of all of the

withdrawals made by or for the party that have not been paid to

or applied for the use of another party;

(2) the pro rata share of interest or dividends included in the

current balance of the account; and

(3) any life insurance proceeds added to the account because of

the death of the party.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 125.105. DISCHARGE OF LIABILITY ON PAYMENT. Payment of all

or part of a multiple-party account to a party to the account

discharges the credit union's liability to each party to the

extent of the payment.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 125.106. DIVISION OF ACCOUNT ON DEATH. (a) Unless

otherwise provided by the account agreement or a trust agreement,

the only effect the death of a party to a multiple-party account

has on the beneficial ownership of the account is to transfer the

decedent's right in the account to the decedent's estate.

(b) An account that does not expressly provide for right of

survivorship is presumed to be a nonsurvivorship account.

(c) If the credit union complies with an account agreement, the

credit union may pay money representing shares or deposits on the

order of a party either before or after the death of another

party.

(d) A credit union acting under Subsection (c) does not have

further liability for the amount paid.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 125.107. SETOFF OF ACCOUNT. Without qualifying another

statutory right to a setoff or lien and subject to a contractual

provision accepted by the credit union, a credit union has the

right of setoff against the entire amount of a multiple-party

account in which a party to the account is indebted to the credit

union.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

SUBCHAPTER C. MINOR ACCOUNTS

Sec. 125.201. POWERS OF CREDIT UNION RELATING TO ACCOUNT. A

credit union may:

(1) open a share or deposit account in the name of a minor;

(2) receive a payment on the account by or for the minor;

(3) pay withdrawals;

(4) accept pledges to the credit union by or for the minor; and

(5) act in any other matter with respect to an account on the

order of a minor.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 125.202. VOTING; OFFICE-HOLDING. (a) If permitted by the

credit union's bylaws, a minor:

(1) may vote in a meeting of the credit union's members; and

(2) is eligible to hold an office or committee membership in the

credit union.

(b) A minor may not vote through a parent or guardian at a

meeting of the credit union's members.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 125.203. DISCHARGE OF LIABILITY ON PAYMENT; EFFECT ON MINOR

OF REQUIRED ACTION. (a) A payment or delivery of rights made by

a credit union or a federal credit union to any of the following

persons in connection with an account in the name of a minor

discharges the credit union or federal credit union to the extent

of the payment or delivery:

(1) the minor;

(2) a party to the account; or

(3) the parent or guardian of a deceased minor.

(b) The payment and a receipt, pledge, or other action required

by the credit union is binding on the minor as if the minor had

the capacity of an adult.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

SUBCHAPTER D. TRUST ACCOUNT

Sec. 125.301. FORM OF ACCOUNT. (a) A credit union may issue

shares or receive a deposit:

(1) in a revocable trust, if:

(A) a settlor is a member of the credit union; or

(B) a trustee or a beneficiary is a member of the credit union

and the settlor is a member of the trustee's or beneficiary's

family as that term is defined by the board in a written policy;

or

(2) in an irrevocable trust, if a settlor, trustee, or

beneficiary is a member of the credit union.

(b) A credit union may rely on any information provided by the

trustee to determine whether a trust is revocable or irrevocable.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Amended by Acts 1999, 76th Leg., ch. 87, Sec. 4, eff. Sept. 1,

1999.

Sec. 125.302. LOANS TO NONMEMBER TRUSTEE. Subject to

limitations imposed by this subtitle or a rule adopted under this

subtitle, a credit union may make a fully secured loan to a

nonmember trustee to enable the trustee to perform or assist the

trustee in performing the trustee's fiduciary responsibilities.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 125.303. BENEFICIARY FEES. A beneficiary who is not a

member of a credit union is not required to pay a membership

entrance fee.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 125.304. LIMITATIONS PLACED ON BENEFICIARY. A beneficiary

who is not a member of a credit union may not vote in matters

pertaining to, obtain a loan through, or hold office in the

credit union.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 125.305. ACCOUNT TRANSACTION INQUIRIES. The credit union

is not required to inquire of a trustee the reason for a

transaction or the intended use for money withdrawn or borrowed.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 125.306. DISCHARGE OF LIABILITY ON PAYMENT. Payment of all

or part of the shares and deposits to a trustee or other person

authorized to request present payment on a trust account

discharges the liability of the credit union to each settlor,

trustee, and beneficiary to the extent of the payment.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 125.307. TERMINATION OF ACCOUNT. When a trust is

terminated, the credit union shall pay money remaining in a trust

account as:

(1) directed by the trustee;

(2) prescribed by the trust agreement; or

(3) provided by applicable law, in the absence of direction from

the trustee or by the trust agreement.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 125.308. EFFECT OF DEATH OF TRUSTEE ON ACCOUNT. (a) The

death of a trustee does not affect the ownership or disposition

of a trust account unless:

(1) the trust agreement provides otherwise; or

(2) there is not a surviving trustee, and:

(A) the account is a trust account subject to Chapter XI, Texas

Probate Code; or

(B) written evidence of the terms of the trust does not exist.

(b) On the death of a trustee for a trust account for which the

death of a trustee affects the ownership disposition of the

account, the credit union shall pay out money in the trust

account:

(1) in accordance with the trust agreement; or

(2) in the absence of written evidence of the terms of the

trust, to a beneficiary or any other person authorized by law to

request or receive payment.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 125.309. TRUST ACCOUNT WITH LIMITED DOCUMENTATION. (a)

For a trust account that is purported to be opened under a

written trust agreement, the trustee may provide the credit union

with a certificate of trust to evidence the trust relationship.

The certificate must be an affidavit of the trustee and must

include:

(1) the effective date of the trust;

(2) the name of the trustee;

(3) the name of or method for choosing a successor trustee;

(4) the name and address of each beneficiary;

(5) the authority granted to the trustee;

(6) the information needed for disposition of the trust account

on the death of the trustee or the last survivor of two or more

trustees;

(7) an indemnification of the credit union; and

(8) any other information required by the credit union.

(b) The credit union may accept and administer the trust

account, in accordance with the certificate of trust, without

requiring a copy of the trust agreement. The credit union is not

liable for administering the account as provided by the

certificate of trust, unless the credit union has actual

knowledge that the certificate of trust is contrary to the terms

of the trust agreement.

(c) On the death of the trustee or the last survivor of two or

more trustees and notwithstanding Section 125.308, the credit

union may pay all or part of the proceeds of the trust account as

provided by the certificate of trust. If the trustee did not

provide a certificate of trust, the credit union's right to treat

the account as owned by a trustee ceases on the death of the

trustee. On the death of the trustee or the last survivor of two

or more trustees, the credit union, unless the certificate of

trust provides otherwise, shall pay the proceeds of the account

in equal shares to each person who survives the trustee, is named

as a beneficiary in the certificate of trust, and can be located

by the credit union from the credit union's records. If there is

no certificate of trust, payment of the proceeds of an account

shall be made as provided by Section 125.308. Payment made under

this section for all or part of the proceeds of an account

discharges any liability of the credit union to the extent of the

payment. The credit union may pay all or part of the proceeds of

an account in the manner provided by this section, regardless of

whether it has knowledge of a competing claim, unless the credit

union receives actual knowledge that payment has been restrained

by court order.

(d) This section does not require a credit union to accept an

account from a trustee or to search for the location of a named

beneficiary that is not named in its records.

(e) This section does not affect a contractual provision to the

contrary that otherwise complies with the laws of this state.

(f) For purposes of this section, "actual knowledge" is presumed

if a credit union possesses a copy of a trust agreement that is

certified as to authenticity by a settlor, trustee, beneficiary,

or an attorney for the settlor, trustee, or beneficiary.

Added by Acts 2003, 78th Leg., ch. 533, Sec. 43, eff. Sept. 1,

2003.

SUBCHAPTER E. THIRD-PARTY CLAIMS AND OTHER RIGHTS RELATING TO

ACCOUNTS

Sec. 125.401. THIRD-PARTY CLAIM. (a) In this section:

(1) "Credit union" includes:

(A) a credit union organized under the laws of this state;

(B) a foreign credit union; and

(C) a federal credit union.

(2) "Out-of-state credit union" means a credit union that:

(A) is not organized under the laws of this state; and

(B) has its main or principal office in another state or

country.

(3) "Texas credit union" means a credit union that:

(A) is organized under the laws of this state or federal law;

and

(B) has its main or principal office in this state.

(b) A credit union doing business in this state must be served

with citation or other appropriate process issued from a court in

connection with a suit instituted by a third party to recover or

establish an interest in a deposit or share account before the

credit union is required to:

(1) recognize the third party's claim;

(2) withhold payment of the account to any party to the account;

or

(3) withhold payment to the order of any party to the account.

(c) A claim against a depositor, joint account owner, or member

of a credit union shall be delivered or otherwise served as

required or permitted by law at the address of the registered

agent of the credit union as designated in a registration filed

under Section 201.102 or 201.103, as applicable.

(d) A claim against a depositor, joint account owner, or member

of an out-of-state credit union that files a registration

statement under Section 201.102 or a Texas credit union that

files a registration statement under Section 201.103 is not

effective with respect to the credit union if the claim is served

or delivered to an address other than the address of the credit

union's registered agent as provided in the registration.

(e) To prevent or limit a credit union's compliance with or

response to a claim subject to this section, the depositor, joint

account owner, or member must seek an appropriate remedy,

including a restraining order, injunction, or protective order,

to prevent or suspend the credit union's response to a claim

against the depositor, joint account owner, or member.

(f) A credit union that does not register with the secretary of

state under Section 201.102 or 201.103 is subject to service or

delivery of all claims against depositors, joint account owners,

or members of the credit union or against the credit union itself

by serving the president or vice president of the credit union or

as otherwise provided by law.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Amended by Acts 2003, 78th Leg., ch. 533, Sec. 44, eff. Sept. 1,

2003.

Sec. 125.402. DISCLOSURE OF RECORDS OF MEMBER; CONFIDENTIALITY.

(a) A credit union is not required to disclose or produce to a

third party or permit a third party to examine a record

pertaining to the affairs of a credit union member unless:

(1) the request is made in connection with an examination or

audit by a government agency authorized by law to examine credit

unions;

(2) the member consents to the disclosure or production of the

record; or

(3) the request is made by the department or is made in response

to:

(A) a subpoena or other court order; or

(B) an administrative subpoena or summons issued by a state or

federal agency as authorized by law.

(b) The commission may authorize the disclosure of information

relating to a credit union member under circumstances and

conditions that the commission determines are appropriate or

required in the daily operation of the credit union's business.

(c) The commission may adopt reasonable rules relating to the:

(1) confidentiality of the accounts of credit union members; and

(2) duties of the credit union to maintain that confidentiality.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 125.403. RECOVERY OF DOCUMENT PRODUCTION EXPENSES FROM

THIRD PARTY. (a) A credit union or federal credit union doing

business in this state is entitled to recover from a third party

the reasonable cost actually incurred in disclosing or producing

a record under this subtitle or other applicable law unless the

cost was incurred in connection with an examination or audit by a

government agency authorized by law to examine credit unions.

(b) The cost incurred in disclosing or producing a record

includes the cost of reproduction, postage, or delivery.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 125.404. LIENS AND SETOFFS. (a) To the extent of a

member's direct or indirect indebtedness to a credit union, the

credit union has:

(1) a lien, enforceable with or without judicial process, on the

member's shares and deposits, accumulated dividends, and

interest; and

(2) a right to set off against the member's shares, deposits,

accumulated dividends, and interest.

(b) A credit union may allow a withdrawal to be made without

affecting the credit union's right to a setoff or lien.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 125.405. ACCOUNT WITHDRAWALS. (a) A credit union may

require not longer than 60 days' notice for a withdrawal from a

share or deposit account.

(b) The commissioner may impose an advance withdrawal notice

requirement following issuance of a cease and desist order under

Chapter 122. The commissioner by rule may require that a

requirement imposed under this subsection apply to all members of

the credit union.

(c) A membership share may not be withdrawn unless membership in

the credit union is terminated.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

SUBCHAPTER F. SAFE DEPOSIT BOXES

Sec. 125.501. RENTAL OF SAFE DEPOSIT BOX. A credit union or

federal credit union may maintain and rent safe deposit boxes.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 125.502. RELATIONSHIP BETWEEN CREDIT UNION AND BOX HOLDER.

(a) In the absence of a contract to the contrary, the

relationship between a credit union and the renter of a safe

deposit box maintained at the credit union is that of lessor and

lessee and landlord and tenant. The rights and liabilities of the

credit union are governed by the law governing those

relationships.

(b) The lessee is for all purposes in possession of the box and

its contents.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 125.503. ACCESS BY MORE THAN ONE PERSON. (a) In the

absence of a contract to the contrary, a credit union shall allow

each holder of a safe deposit box jointly held in the name of two

or more persons or a person other than the lessee designated in

the lease agreement:

(1) access to the box; and

(2) removal of its contents.

(b) A credit union is not responsible for damage arising because

a holder or other designated person had access to the box or

removed its contents.

(c) The death of a holder of a jointly held safe deposit box

does not affect the right of another holder or other designated

person to have access to and remove contents from the box.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Amended by Acts 1999, 76th Leg., ch. 87, Sec. 5, eff. Sept. 1,

1999.

Sec. 125.504. RELOCATION OF SAFE DEPOSIT BOX; INVENTORY OF

CONTENTS. (a) Except as otherwise provided by this section,

Sections 125.505 through 125.507, Sections 36B through 36F, Texas

Probate Code, or other law, a credit union may not relocate a

safe deposit box rented for a term of six months or longer if the

box rental is not delinquent or may not open the box to relocate

its contents to another location, unless:

(1) the lessee is present when the box is opened or relocated;

or

(2) the lessee has given the credit union written authorization

to relocate the box or to open the box for purposes of

relocation.

(b) Storage conditions at the new box location must be at least

as secure as the conditions at the original location.

(c) If the box is opened during relocation, two employees shall

prepare a detailed inventory of the contents of the box. At least

one of the employees must be an officer or manager of the credit

union and a notary public.

(d) One lessee of a jointly held safe deposit box is sufficient

to personally supervise or give written authorization for the

box's relocation.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 125.505. NOTICE OF BOX RELOCATION. (a) A credit union

shall give a lessee of a safe deposit box at least 30 days'

notice of the box's relocation. The notice must state:

(1) the scheduled date and time of the relocation; and

(2) whether the box will be opened during the relocation.

(b) If the lessee does not personally supervise the relocation

or give written authorization for the relocation, the credit

union shall notify the lessee of the new box number or location

not later than the 30th day after the date of the relocation. The

credit union must include a copy of the signed and notarized

inventory report required by Section 125.504(c) with the notice.

(c) A notice required by this section must be sent by certified

mail, return receipt requested, to each lessee named in the

records of the credit union at the address shown in those

records.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 125.506. COST OF NOTICE AS BOX RENTAL. The credit union

may treat the cost of certified mailings incurred in connection

with each safe deposit box relocation other than the cost of the

first notice as box rental due and payable at the expiration of

the rental term.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 125.507. EMERGENCY RELOCATION OF SAFE DEPOSIT BOX. (a) A

credit union may relocate a safe deposit box or open the box to

relocate its contents to another location if the security of the

box is threatened or destroyed by an unforeseeable circumstance

beyond the credit union's control, including a natural disaster

such as a tornado, flood, or fire.

(b) Not later than the 90th day after the date on which the box

is relocated, the credit union shall notify each lessee in whose

name the box is held of the new box number or location. The

notice must be sent by certified mail, return receipt requested,

to each lessee named in the records of the credit union at the

address shown in those records.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 125.508. KEY IMPRINTING. (a) A credit union that rents or

permits access to a safe deposit box shall:

(1) imprint all keys issued to the box after September 1, 1992,

with its routing number; or

(2) issue keys imprinted with the routing number.

(b) If available space on a key is insufficient for imprinting

the routing number, the credit union shall attach to the key a

tag imprinted with the routing number.

(c) If a credit union believes that the routing number imprinted

on a key, or a tag attached to a key, used to access a safe

deposit box has been altered or defaced in a manner that the

correct routing number is illegible, the credit union shall

notify the Department of Public Safety, on a form designated by

the commissioner, not later than the 10th day after the date the

key is used to access the box.

(d) This section does not require a credit union to inspect the

routing number imprinted on a key or an attached tag to determine

whether the number has been altered or defaced.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 125.509. LIABILITY FOR ACCESS TO OR REMOVAL OF CONTENTS. A

credit union that has identified the keys to a safe deposit box

in accordance with Section 125.508 and that follows applicable

law and the credit union's established security procedures in

permitting access to the box is not liable for damages arising

because of access to or removal of the box's contents.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 125.510. DELINQUENT RENTS. (a) If the rental of a safe

deposit box is delinquent for six months or longer, the credit

union may open the box only if:

(1) the credit union sends notice of the delinquency to the

lessee; and

(2) the rent is not paid before the date specified in the

notice.

(b) The notice must:

(1) be sent by certified mail, return receipt requested, to the

lessee named in the books of the credit union at the address

shown in those books; and

(2) specify a date by which payment must be made that may not be

before the 61st day after the date on which the notice is mailed.

(c) The box must be opened in the presence of two employees, and

the credit union shall prepare a detailed inventory of the

contents of the box as provided by reporting instructions of the

comptroller. At least one of the employees must be an officer or

manager of the credit union and a notary public.

(d) The credit union shall place the contents of the box in a

sealed envelope or container that states the lessee's name. The

credit union shall hold the contents of the box subject to a lien

for:

(1) the box's rental;

(2) the cost of opening the box; and

(3) any damage in connection with the box.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 125.511. AUCTION OF CONTENTS. (a) If the rental, cost,

and damages determined under Section 125.510(d) are not paid

before the second anniversary of the date on which the box is

opened, the credit union may:

(1) sell all or part of the contents at a public auction in the

manner and on the notice prescribed for the sale of real property

under deed of trust under Section 51.002, Property Code; and

(2) apply the sale proceeds to the rental, cost, and damages.

(b) The credit union shall send to the comptroller as provided

by Chapter 74, Property Code:

(1) the unauctioned contents of a box; and

(2) any excess proceeds from the auction.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.